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(영문) 수원지방법원성남지원 2020.10.08 2020고합252
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, at around 06:30 on April 15, 2020, the Defendant taken a photograph by using a cell phone camera in which the Defendant was holding, in the balloting booth at the 21st election polling station in the 21st election of the National Assembly member located in Sungnam-si B.

As a result, the Defendant taken the ballot papers in the polling stations.

2. The elector who has opened the ballot paper to the public shall not infringe on the secrecy of voting by disclosing the ballot paper on which he/she has entered;

Nevertheless, the Defendant, at around 07:40 on April 15, 2020, posted comments on the Defendant’s residence located in Seongbuk-si F, as indicated in paragraph (1), on a photograph of proportional representative election ballot papers taken after recording as indicated in paragraph (1), on the page North Korea of “G” and H’s page, a social network service, and posted them, respectively.

In this respect, the defendant disclosed his voting papers to the public, thereby infringing on the secrecy of voting.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, a copy of the defendant's oral statement, closure to the Facebook, and national interrogation and reporting data;

1. Relevant provisions for facts constituting an offense, Articles 256 (3) 2 (g), 166-2 (1) of the Public Official Election Act (the point of photographing ballot papers, the selection of fines), Articles 241 (1) and 167 (3) of the Public Official Election Act (the point of disclosing ballot papers, the selection 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 crime of violating the Public Official Election Act due to disclosure of heavy ballot papers);

1. The scope of applicable sentences for sentencing under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment under Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse: The amount of a fine not exceeding nine million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who made a decision of sentence, taken the ballot papers on which he recorded, and opened the ballot papers to the public.

3.2

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