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(영문) 대구지방법원 영덕지원 2016.01.28 2015고합24
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the elector in a special election of members of the Ulsan-gun Council that was implemented on October 28, 2015.

1. On October 23, 2015, the Defendant violated the Act on Election of Public Officials due to the taking of ballot papers, taken a photograph of the ballot papers by the Defendant’s cell phone camera at the advance polling stations of the special election of the members of the Ulsan-gun National Assembly located in the Ulsan-gun Culture and Arts Center of 194-14, in a way that the Defendant recorded the ballot papers in the cell phone camera of the Defendant.

2. The Defendant violated the Public Official Election Act due to damage to the ballot papers was damaged by tearing the pertinent ballot papers at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (Attachment to voting management records), and a criminal investigation report (the details of the prosecutor's direction);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (reficiant confirmation);

1. Article 244 (1) of the Act on the Election of Public Officials in the relevant Act on Criminal facts (the point of destroying voting papers, the selection of fines), Article 256 (3) 2 (g) and Article 166-2 (1) of the Public Official Election Act (the point of photographing voting papers 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 (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Election of Public Offices Act due to the destruction of a paper for heavy voting, shall be aggravated);

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a situation unfavorable to the Defendant, such as the following: (a) the crime of this case is committed in violation of the provisions of the Public Official Election Act to maintain the secrecy of voting by photographing and destroying the paper for voting; and (b) to ensure fair and peaceful voting procedures; and (c) the Defendant committed the crime of this case during the period of repeated offense.

On the other hand, the defendant seems to have the attitude to recognize and reflect the crime of this case, and the defendant has no record of being punished as the same crime.

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