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(영문) 서울중앙지방법원 2018.12.06 2018고합1026

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. A person who violates the Public Official Election Act by photographing the ballot papers shall not photograph the ballot papers in the polling station on June 8, 2018, the defendant put a mark on the front polling station established in Gangnam-gu Seoul Metropolitan Government C, at around 08:50 on June 8, 2018, and took a photograph of 7 pages of the ballot papers posted on the 7th local election paper, namely, a photograph of the defendant's mobile phone camera.

2. No elector in violation of the Public Official Election Act due to the disclosure of ballot paper photographs shall disclose his/her ballot paper on which he/she has recorded;

Nevertheless, the Defendant, with respect to the 7th local election, owns the Defendant’s online page 205 dong 806 around June 8, 2018 at the Defendant’s residence in Gangnam-gu Seoul Metropolitan Government D apartment house 205 dong 806, using his/her mobile phone to the Defendant’s online page account.

제 정치 성향은 큰 의미는 없겠지만, 진보 ㆍ 보수 ㆍ 중도 보수 등 다양하게 ㅎㅎ 정치판에서 열심히 잘 싸워 보시길 바라면서~~” 라는 내용과 함께 위 제 1 항과 같이 촬영한 투표지 사진을 등재하는 방법으로 자신이 기표한 투표지 7 장을 공개하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes in accordance with the results of verification of a list of electors related to the registration of Facebook North Korea, pictures, and voting papers;

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. Reasons for sentencing under Article 48(1)2 of the Criminal Act;

1. Scope of punishment by law: Fines of not less than 50,000 won but not more than 9 million won;