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(영문) 서울남부지방법원 2017.09.14 2017고합372

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, around 13:35 on May 4, 2017, the Defendant made a vote at the 19th presidential election campaign site established in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, 23:5, and recorded it in the voting paper issued in the advance polling site for the 19th presidential election campaign site established in Yongsan-gu, Yongsan-gu, Seoul.

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 13:43 on May 4, 2017, the Defendant posted the ballot papers inserted in the ballot papers taken as described in the above paragraph (1) along with the words “C” after accessing the DNA personnel ID, which is an Internet site, to the clinic of “C” on the gallon bulletin board of the iron page, using his own mobile phone in the vicinity of the Yongsan Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to record twits by posting a presidential ballot paper on the twitter, printed contents, extracted ballot paper photographs, and Internet slabs recorded in smartphones;

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 provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed in a violation of the Election of Public Offices Act due to disclosure of ballot papers, the punishment of which is heavier);

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant photographs his voting papers on which he puts in a polling station and posts them on the Internet. In addition, in light of the legislative intent of the Public Official Election Act to maintain the secrecy of voting and to protect fair and peaceful voting procedures, the responsibility is somewhat minor.

subsection (b) of this section.