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(영문) 광주지방법원 2020.10.16 2020고합235
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 shall photograph ballot papers in the polling stations;

Nevertheless, on April 10, 2020, the Defendant, within the balloting booth of the 21st advance polling station for the 21st National Assembly member established in the C administrative welfare center located in Gwangju, taken photographs of the ballot papers for the election of proportional representative National Assembly members and the ballot papers for the election of proportional representative National Assembly members recorded in the column of "D party candidate E" with a cellphone in possession of the Defendant.

Accordingly, the defendant taken two ballot papers in the balloting booth.

2. No elector who has opened the ballot paper to the public shall disclose the ballot paper on which he/she has entered;

Nevertheless, on April 10, 2020, the Defendant sent a copy of a voting paper photograph taken by the Defendant as described in paragraph (1) to the Kakao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kaa6, in which the Defendant participated, and continuously sent it to the Kao Kao Kao Ka.

In this respect, the Defendant disclosed the ballot paper on which he puts the vote.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation data, the Kakakao Stockholm closure screen and reference materials (as of July 14, 2020)

1. Article 256(3)2 (g) and Article 166-2(1) of the Public Official Election Act, comprehensively including Article 256(1) of the same Act: Disclosure of the place of voting elected by fines: Article 241(1) and Article 167(3) of the Public Official Election Act; Article 241(1) of the Public Official Election Act; Article 167(2) of the choice of fines [where a person continues to engage in several acts falling under the same name of a single and continuous criminal for a certain period and the legal benefits from such damage are the same, each act shall be punished as a comprehensive crime (see, e.g., Supreme Court Decision 2010Do1588, Nov. 25, 2010). Disclosure of ballot papers under Article 2 of the Public Official Election Act shall be punished as a

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