If the defendant does not pay the above fine, 100,000 won shall be one day.

No one shall photograph ballot papers in the polling stations, and no elector shall disclose his/her ballot paper on which he/she puts in to the public.

Nevertheless, on May 4, 2017, the Defendant, at the balloting booth for the 19th presidential election established in the 19th presidential election at the community service center located in Suwon-si, Suwon-si, the Defendant taken the ballot papers on which D, a candidate of the president of the C Party, was recorded as a mobile phone, and transmitted the pictures to E, a successor to the society.

As such, the Defendant taken the ballot papers in the balloting booth, and disclosed the ballot papers on which he puts his vote.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against E;

1. Application of the Acts and subordinate statutes to photographs showing the paper of voting, one-time voting paper 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 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. Each of the instant offenses on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are not set forth the sentencing criteria.

The Defendant’s crime of this case goes against the purpose of the Public Official Election Act to maintain the secrecy of voting and to guarantee fair election procedures.

The defendant has been punished twice due to the violation of the Public Official Election Act with other contents.

However, the defendant's mistake is against the defendant, and the photograph taken is sent only to E, who is a studio, and it does not directly be posted to many unspecified or many people.

In addition, the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, etc. are the circumstances after the crime.