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(영문) 수원지방법원 안산지원 2018.09.21 2018고합210
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, on June 9, 2018, at around 10:00, the Defendant taken three pages, using a cell phone camera function, in the 7th time in the advance polling station for simultaneous local elections, which is established in C community service center located in B, at the time of Silung City, the Defendant recorded 7 pages in which he/she puts his/her vote.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written advance polling record, a written confirmation of photographing ballot papers;

1. Application of Acts and subordinate statutes of each report on internal investigation (No. 2, 4 and 5 No. 5 of the evidence list);

1. Article 256 of the Act on the Election of Public Officials and Articles 256 (3) 2 (g) and 166-2 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts, the selection of fines;

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 punishment by law: Fine not exceeding 4,000,000 won;

2. The sentencing criteria are not set for crimes on which the sentence is decided; and

The crime of this case is an unfavorable circumstance against the defendant in terms of the fact that the defendant taken the ballot papers on which the defendant puts a vote, thereby maintaining the secrecy of voting, and at the same time violating the purpose of the Public Official Election Act to ensure fair and peaceful voting procedures.

However, it does not seem that the defendant led to the confession of the crime of this case and reflects his mistake, there is no record of criminal punishment exceeding the punishment of the defendant for the same crime, and that the defendant committed the crime of this case with a political intent or intent to influence the election, or disclosed or spread the photographed ballot paper to another person, and the defendant appears to have immediately deleted the ballot paper taken by the instructions of the voting management officer immediately after the crime of this case.

(b) other.

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