Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, around 11:30 on December 19, 2012, the Defendant put a mark on the C candidate column for the 18th presidential election ballot paper in the balloting booth at the 11:30 on the Namyang-si B middle school polling station, Namyang-si, and taken a photograph of the above ballot paper using a camera of smartphone possessed by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the voting certification bulletin board, investigation report (verification of insured information), search and seizure warrant or reply statute;

1. Relevant Articles 256 (2) 2 (g) and 166-2 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have taken pictures of the ballot papers on which the defendant puts his/her vote in the balloting booth, and in light of the legislative intent of the above Public Official Election Act to maintain the secrecy of voting and to ensure the fair and peaceful voting procedure, etc., the quality of the crime is not easy.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant is a primary offender with no criminal records, and all of the crimes in this case are recognized, and that the defendant reflects his mistake, and that the photograph taken by the defendant as stated in the judgment following the presidential election is deemed to have no intention to influence the election itself by posting it on the Internet after the completion of the presidential election, the punishment shall be determined as ordered by taking into account all other circumstances, such as the defendant's age, character and conduct, environment, background, means and consequence of the crime, and circumstances after the crime, etc.