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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, around 08:00 on December 19, 2012, the Defendant put a mark on the D candidate column for the 18th presidential election voting place in the balloting booth at the above C-2 polling station in Ansan-gu 2 voting center in Ansan-si. Around 08:00, and took a photograph of the above voting place using a camera installed in smartphone.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs, photographic files, notices, and photographs of voting papers;

1. Application of Acts and subordinate statutes for reporting internal affairs;

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 reason of sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant taken the ballot papers on which he puts in the balloting booth, and the crime of this case is not easy in light of the legislative intent of the pertinent provision in order to maintain the secrecy of voting and to ensure the fair and peaceful voting procedure.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant was the first offender with no criminal records, and all of the crimes in this case are recognized, against his mistake, and the defendant appears to have no intention to influence the election itself by posting the photograph taken by the defendant on the Internet after the presidential election, as stated in its reasoning, and taking into account all other circumstances, such as the defendant's age, character and conduct, environment, background, means and consequence of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered by the order against the defendant.