The prosecutor's appeal is dismissed.

The main point of the grounds for appeal (the suspension of sentence of KRW 2.5 million) of the lower court is unreasonable because it is too unfluent.

Judgment

Examining the various sentencing conditions in the instant case, the Defendant assaulted a witness at the presidential election polling station to take the polling station, and such crime is a violation of the legislative intent of the Public Official Election Act that particularly protects election workers for the smooth execution of election affairs, which constitute the basis of democracy, and thus, is disadvantageous to the Defendant.

On the other hand, it appears that the defendant reflects the defendant's mistake in depth while committing the crime; the witness who raised an objection and the witness who raised an objection in the process of pushing ahead with the wheelchairs of the old mother who has inconvenience in driving and the witness and the witness who raised an objection are punished, and there are circumstances to be considered in the course of committing the crime; the degree of assault and violence is relatively minor and shorter time; the witness who suffered the damage and the witness do not want the punishment of the defendant; the witness does not want the punishment of the defendant; and there are no criminal records exceeding the same kind of crime or fine.

In addition, the lower court’s punishment is acceptable within the reasonable scope of punishment in accordance with the Defendant’s liability, and it is not recognized that it is unfair because it is so far as it is so unreasonable, considering the following factors: (a) the Defendant’s age, sex and environment, family relation, health status, motive, background, means and consequence of the crime, and circumstances before and after the crime; (b) the sentence of a fine of a fine of a KRW 2.5 million appears to have been postponed in consideration of the aforementioned sentencing conditions; and (c) there are no special circumstances or changes in circumstances that may change the sentence of the lower court in the trial.