A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

No one shall photograph ballot papers in the balloting booth, and no elector shall disclose his/her ballot paper on which he/she puts in.

Nevertheless, the Defendant, at around April 8, 2016, taken the ballot papers for the election of the National Assembly member and the ballot papers for the proportional representative election in the advance polling stations for the 20th National Assembly member in the 17:10 Cheongdong-dong Office, Cheongcheon-dong, Cheongcheon-dong, Cheongcheon-dong, the Defendant posted a cell phone to disclose the ballot papers recorded in the 17:27 on the same day.

Accordingly, the defendant taken the ballot papers in the balloting booth, and disclosed his voting papers to the public, thereby infringing on the secrecy of voting.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

1. Article 256 (3) 2 (g) and Article 166-2 (1) of the Act on the Election of Public Officials in the relevant Act on Criminal facts (the election of ballot papers and the election of fines), Article 241 (1) and Article 167 (3) of the Public Official Election Act (the fact that the ballot papers are disclosed and the election of fines is selected);

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 Officials due to the disclosure of more heavy ballot papers);

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. The scope of applicable sentences under law: Fines of 50,000 to nine million won; and

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

The Defendant taken the ballot papers on which he puts in a polling station, posted them on the Internet portal site “Nber C”. The Defendant’s crime is an act that undermines the purpose of the Public Official Election Act to maintain the secrecy of voting and to ensure fair and peaceful voting procedures, and thus, the Defendant’s liability cannot be deemed to be light.

(b).