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(영문) 청주지방법원 2018.05.04 2018고합38

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations, and the secrecy of voting shall be guaranteed.

1. On May 9, 2017, the Defendant: (a) at a polling station established in Yeongdong-gu, Chungcheongnam-gu; (b) received a ballot paper for the election of the 19th President; (c) entered the polling station; and (d) recorded the ballot paper in the name of the candidate D; and (c) taken a photograph of the ballot paper using the camera function of the mobile phone in possession.

2. On May 9, 2017, the Defendant infringed on the confidentiality of the voting by disclosing a photograph of the 19th president’s ballot papers recorded as indicated in the preceding paragraph to the Defendant’s personal data program, by posting them on the Defendant’s personal data, at the Cheongju-si E Apartment-gu apartment and the Defendant’s house located in the 504 Dong 903, and by linking the Defendant’s Internet website with the “F” at the 504 Dong 903.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to documentary evidence containing a personal data;

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 Officials due to the disclosure of more heavy ballot papers);

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. Scope of applicable sentences: Fines of 50,000 to KRW 9,000,000;

2. The scope of the recommended sentencing criteria according to the sentencing criteria is not set.

3. The crime of this case in which the sentence of sentence is to be pronounced is to photograph the ballot papers on which the person puts his vote and to disclose them further, which maintains the secrecy of the voting, and is fair and peaceful.