공직선거법위반
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. No one who violates a prohibition against photographing ballot papers shall photograph ballot papers in the polling stations;
Nevertheless, around 09:00 on April 10, 2020, the Defendant taken up two times each of the ballot papers on which the Defendant entered E using mobile phones in the polling stations at advance polling stations established on the first floor of the C association cultural welfare center located in North Korea B, and the ballot papers on which the Defendant entered the 21st National Assembly member D constituency, and the F Party of the proportional political party, respectively, in the polling stations at advance polling stations established in the 21st National Assembly member D.
2. No elector who violates the secrecy of voting shall disclose the ballot papers on which he/she puts in;
Nevertheless, around 09:15 on April 10, 2020, the Defendant posted three photographic files of the voting papers taken by the Defendant at H’s factory office operated by the Defendant, as described in paragraph (1), at H’s factory office, and posted them to the Kakakao group hosting room to support E, and opened the voting papers to the public.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Kakao Stockholm statute
1. Article 256 (3) 2 (g), Article 166-2 (1) of the Public Official Election Act (the point of photographing ballot papers, the choice of fines), Articles 241 (1) and 167 (3) of the Public Official Election Act (the point of disclosing ballot papers, the selection of fines) concerning facts constituting an offense;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Public Official Election Act due to the disclosure of the ballot paper for the National Assembly member having the largest punishment)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of applicable sentences by law: Fines of 50,000 to 9,000,000; and
2. Scope of the recommended sentencing criteria: The sentencing criteria shall not be set.
3. The crime of this case, with respect to the voting papers recorded by the Defendant, is to be disclosed by posting them on the Kakakao Stockholm display room, in which the voting papers taken by the Defendant are recorded, and the secrecy of voting is maintained.