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(영문) 의정부지방법원 2020.12.18 2020고합332

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No one shall photograph ballot papers in the polling stations;

Nevertheless, at around 12:00 on April 10, 2020, the Defendant taken visual images of the E-election ballot papers in the polling stations at the 21st advance polling stations of the 21st election of the National Assembly members, in which the Defendant posted the three floors at the 3rd advance polling stations of the 21st election of the National Assembly members in Namyang-si, Gyeonggi-do.

As a result, the Defendant photographs ballot papers in the polling stations.

2. No elector who has opened the ballot paper to the public shall disclose the ballot paper on which he has entered;

Nevertheless, the Defendant, at the time and place specified in paragraph (1) above, posted the ballot papers recorded in the same manner as the above Paragraph (1) at around 13:00 on the same day, and opened them to the “G” in the Defendant’s residence located in F at the Nam-si, Nam-si, Gyeonggi-do.

In this respect, the Defendant disclosed the ballot paper on which he puts the vote.

Summary of Evidence

1. Application of the provisions of one copy of the Act and subordinate statutes to the defendant's statutory statement or accusation photo disclosing the voting paper;

1. Relevant provisions for facts constituting an offense, Articles 256 (3) 2 (g), 166-2 (1) of the Public Official Election Act (the point of photographing ballot papers, the selection of fines), Articles 241 (1) and 167 (3) of the Public Official Election Act (the point of disclosing ballot papers, the selection of fines);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes prescribed in the crime of violating the Public Official Election Act due to disclosure of heavy ballot papers);

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. The scope of punishment by law: Fine not exceeding nine million won;

2. Scope of recommending sentencing criteria: The sentencing criteria shall not be set for each offense described in the judgment;

3. Determination of sentence: Fines of 500,000 won;

A. The circumstances unfavorable to the defendant are as follows:

The crime of this case is committed by the defendant.