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(영문) 수원지방법원 안양지원 2018.11.16 2018고합136

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, on June 8, 2018, the Defendant taken the ballot papers on which the E candidate F was put in a cellular phone in the balloting booth established in the D Public Welfare Center, which is the advance polling station in C, at Ansan-si, around 17:40 on June 8, 2018.

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

Nevertheless, around 19:00 on June 8, 2018, the Defendant posted and disclosed to the public the ballot papers photographs taken by the Defendant, as described in paragraph 1, at the Stockholm Office, supporting E candidate F.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Acts and subordinate statutes concerning filing of an accusation, recording of ballot papers, photographs posted on the ballot paper, identification of voting, entries in a ballot certificate, and video;

1. Article 256 (3) 2 (g) and Article 166-2 (1) of the Act on the Election of Public Officials in Charge of the pertinent crime and Articles 256-2 (1) and 241 (1) and 167 (3) of the Act on the Election of Public Officials (the fact that a ballot paper is open to the public and the choice of a fine);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against violation of the Public Official Election Act, as long as the punishment is open to the public with heavy voting papers);

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

1. Each of the instant crimes with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a case where the Defendant photographs the ballot papers on which the Defendant recorded, and where the above ballot papers are posted and disclosed on the Kakao Stockholm group TV room, the Defendant’s responsibility is not less exceptionally in light of the legislative intent of the Public Official Election Act to maintain the secrecy of voting and to ensure fair and peaceful voting procedures at the same time.

However, there are favorable circumstances, such as that the defendant reflects his mistake, there is no record of criminal punishment exceeding the fine, and that the defendant seems to have no intention to influence his election itself, and that there is no intention.