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

1. No one who violates a prohibition against photographing ballot papers shall photograph ballot papers in the polling stations;

Nevertheless, on May 9, 2017, the Defendant entered the “E 3 polling station” at the D elementary school located in Ansan-si, Seoul, around 14:00, and the Defendant taken a photograph of the 19th presidential election campaign place using the Defendant’s camera function of Phphone 6S smartphone.

2. No elector who violates the secrecy of voting shall disclose the ballot papers on which he/she puts in;

Nevertheless, at around 15:48 on May 9, 2017, the Defendant had access to a “F” account, the Defendant’s account, to the Internet Social Media Program, and then has cast a vote.

집으로!!’ 라는 글과 함께 위 제 1 항 기재와 같이 촬영한 투표지 사진을 게재하여 자신이 기표한 투표지를 공개하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. In an investigation report (verification of vindication of voting at D elementary schools), and a criminal investigation report (to hear statements on a suspect's excursion ship);

1. Notification of investigation data, investigation data, report of the violation, descriptions of personal data and pictures, and application of video-related Acts and subordinate statutes;

1. Article 256 (3) 2 (g) and Article 166-2 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and Articles 256-2 (1) and 241 (1) and 167 (3) of the Act on the Election of Public Officials (the fact of disclosing ballot papers and the selection of fines);

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with punishment prescribed in a violation of the Election of Public Officials Act due to the disclosure of ballot papers with heavy votes);

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

1. Each of the crimes of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act with the aim of maintaining the secrecy of voting and ensuring the fair and peaceful voting procedure by recording and disclosing the ballot papers on which the defendant puts his vote in the balloting booth.