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(영문) 창원지방법원 마산지원 2018.11.30 2018고합70

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 who violates a prohibition against photographing ballot papers shall photograph ballot papers in the polling stations;

Nevertheless, the Defendant, at around 12:10 on June 9, 2018, recorded the ballot papers posted to D three times going out in the election of the original local election market at the 7th simultaneous local election, using a mobile phone, at the advance polling station established at the Dong community service center of the 11-o-dong, 11-o-dong, Mapo-dong, Changwon-si, Changwon-si, 2018.

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

Nevertheless, the Defendant, at around 12:20 on June 9, 2018, connected the Defendant’s house located in E 401 at Changwon-si, and opened the ballot paper recorded in the way of posting the ballot paper taken as shown in paragraph (1) on the Bande.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to output of screen pictures by cutting off a bande bande announcement by cutting off the bande, the election management system, etc.

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. 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 punishment by law: A fine not exceeding nine million won;

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The legislative intent of the Public Official Election Act to ensure that a fair election is held in accordance with the free will of the people and democratic procedures is impaired, and the liability for the crime of this case is not minor;

However, the defendant reflects his mistake and is in the same kind.