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(영문) 수원지방법원 안산지원 2013.04.05 2013고합9
공직선거법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, at around 09:30 on December 19, 2012, the Defendant put a mark on the E candidate column for the 18th presidential election ballot papers in the balloting booth located in the 1st polling booth located in Ansan-si, Ansan-si, Ansan-si, and recorded the above ballot papers using a mobile phone camera.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes requesting cooperation and investigation;

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 deemed to have taken pictures of the ballot papers on which the defendant puts his vote in the balloting booth before the end of the presidential election period. In light of the legislative intent of the above Public Official Election Act, in order to maintain the secrecy of voting and to ensure the fair and peaceful voting procedure, the nature of the crime is not easy.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, circumstances of the crime, means and consequence, and all other circumstances that form conditions for sentencing, such as the defendant's age, character and behavior, circumstances, means and consequence, etc., and the punishment of a fine is imposed only once due to drinking driving, the defendant recognizes all the crimes in this case and reflects his mistake, and the defendant immediately deleted the above ballot paper photographs after being given a warning by the election commission.

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