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(영문) 수원지방법원안산지원 2020.10.23 2020고합178

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 11, 2020, the Defendant put a prior vote for the election of the 21st National Assembly member located in Ansan-si, Gyeonggi-do on the ballot paper for the National Assembly member located in the district in the balloting booth established there, and put a mark on the ballot paper for the National Assembly member located in the district in the balloting booth, and put the mark on the ballot paper for the proportional representative National Assembly member with the “F Party E”, and kept it on one cell phone

2. No elector who infringes on the secrecy of voting shall disclose the ballot papers on which he/she marks;

Nevertheless, at around 12:10 on April 11, 2020, the Defendant posted the ballot papers taken as above at the above location to the “G”, a mobile phone Kakao Stockholm, so that 1,165 persons who participated in the hosting room can be seen, and disclosed the ballot papers on which they recorded.

Summary of Evidence

1. The police's statement of the defendant H in his court statement;

1. A written accusation;

1. Application of the Kakao Stockholm Acts and subordinate statutes

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. The legal grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment: The scope of punishment by a fine not exceeding nine million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set; and

3. Determination of sentence: The Defendant, who recorded a fine of KRW 50,00,00, taken the ballot papers on which he recorded, and disclosed the ballot papers;

This crime maintains the secrecy of voting and is fair and peaceful.