Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

At around 17:12 on April 13, 2016, the election day of the National Assembly member 20th National Assembly member, the Defendant entered the balloting booth at the 1st polling station in the E-election district, where the 20th National Assembly member was established in the D office located in Jinju-si, with a total of two copies of the voting papers for the 20th National Assembly member proportional representative voting, but the Defendant again entered the balloting booth after receiving two copies of the voting paper for the E-election district at Jin-si, but the Defendant made a mistake on the voting paper for the E-election district at Jin-si, and demanded the elector to exchange the voting paper to the voting clerk at the same time, but as the Defendant refused it, the Defendant was liable to tear the ballot paper with a 1 copy of the proportional representative voting paper for the National Assembly member located in the balloting booth at each hand, and then was damaged by melting the ballot paper by inserting two.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on internal investigation (limited to attachment of field photographs);

1. Application of Acts and subordinate statutes on investigation reports (Attachment of D voting records at the time of advancement);

1. Article 244 (1) of the relevant Act concerning facts constituting a crime and Article 244 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 2.5 million won to 15 million won; and

2. Determination of sentence: A fine of KRW 2.5 million is a violation of the provisions of the Public Official Election Act to ensure fair and peaceful voting procedures by intentionally destroying his/her voting paper, and the quality of such violation is not minor.

However, the defendant reflects his wrongness in depth, and it seems that the defendant did not commit a crime with political intent or purpose to influence the election.

There is no record that the defendant has been punished for the same crime.

This point is considered as a favorable condition for the defendant, and it leads to the defendant's age, sex, family environment, and crime.