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(영문) 서울북부지방법원 2017.11.03 2017고합371

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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, on May 4, 2017, the Defendant taken a photograph of the ballot papers with a mobile phone owned by the candidate for the 19th presidential election, in the balloting booth established in the advance polling station in the C1st presidential election lawsuit in Busan City, around 09:45, the Defendant recorded the ballot papers with a mobile phone.

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

Nevertheless, on May 4, 2017, at around 10:00, the Defendant posted the ballot papers taken as described in the above paragraph 1 in an unclaimed restaurant near the above polling station and opened the ballot papers to the public by posting them in the name of the Defendant’s cellular phone Kakao Stockholm.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to Kakao Stockholm photographs;

1. Article 256 (3) 2 (g) and Article 166-2 (1) (a) of the Act on the Election of Public Officials in Charge of the pertinent crime, Articles 256 (3) 2 (g) and 166-2 of the Act on the Election of Public Officials, Articles 241 (1), 167 (3) (a point in which voting papers are disclosed) of the Act on the Election of Public Officials, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The range of punishment by a fine not exceeding nine million won;

2. The scope of the recommended punishment shall not set the sentencing criteria.

3. The crime of this case by which the defendant cast his vote in the 19th presidential election, and then discloses his vote, is not likely to violate the principle of secret election and infringe on the fair and peaceful progress of election.

However, there are many records of this case, such as the defendant's age, sex, environment, conditions before and after the crime, etc., except that the defendant has received two times a fine, and there are no other records of punishment.