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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

1. No one shall photograph ballot papers in the polling stations;

Nevertheless, the Defendant, at around 14:01 on June 4, 201, posted three copies of voting papers (markets, superintendent of education, and Do governor election) on which he puts his own ballot papers in order to show it well to the head of his own seat, at the polling stations established in the second polling stations of the welfare center in Seocheon-si, Seocheon-si. C, and taken one time using his smartphones.

2. The Defendant who damaged the ballot papers finds an act of photographing the Defendant’s ballot papers at the time and place specified in paragraph 1 at the same polling station, and damages the Defendant’s ballot papers in his/her hand on the ground that he/she is bad, while stating that “the act of photographing the ballot papers recorded in the ballot box is in violation of the Election Act.”

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the statutes on photographing ballot papers;

1. Relevant provisions for facts constituting an offense, and Articles 256 (3) 2 (g), 166-2 (1) of the Public Official Election Act (the point of photographing ballot papers, the choice of fines), and Article 244 (1) of the Public Official Election Act (the point of damaging ballot papers and the choice of fines);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes prescribed in the Public Official Election Act due to damage to heavy ballot papers);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 2.5 million won to 17 million won; and

2. Determination of sentence: The crime of this case in which the defendant photographs his ballot papers in the balloting booth and damages his ballot papers as the personnel for election management pointed out them, and the crime of this case in which a fine of three million won is imposed, shall be committed in such a way that the secrecy of voting, freedom and process of election campaign, and lawful election management; and