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

Nevertheless, at around 14:00 on April 11, 2020, the Defendant taken photographs of the ballot paper for the National Assembly member and the camera of a mobile phone in which the Defendant was holding the ballot paper for the National Assembly member and the ballot paper for the proportional representative National Assembly member in the polling station for the 21st National Assembly member D advance polling station established at the 20

As a result, the Defendant taken the 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, at around 14:40 on April 11, 2020, the Defendant sent a copy of the election campaign ballot papers taken by 125 persons, such as E, to the Kakao Stockholm group hosting in which 125 persons, including E, participate.

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

Summary of Evidence

1. Statement by the prosecution concerning F of the defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the investigation of ballot papers and the contents of a Kakao Stockholm conversation (report on the confirmation of ballot paper photographs posted thereon);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act (the suspended sentence: fine of KRW 500,00) of the suspended sentence (the term “the punishment to be sentenced”), which is contrary to the fact that there is a confession of the reason for sentencing, and does not seem to have committed the instant crime for political intent or purpose that seeks to influence the election, and the fact that the person voluntarily deleted the photograph and requested another person to delete the photograph after disclosing the ballot paper, and that it is an initial criminal without any criminal power.