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(영문) 전주지방법원 2013.05.23 2013고합35
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

On December 19, 2012, the Defendant, at the 3rd polling station for the 18th presidential election, which is located on the 18th commercial building B in Seocho-gu, Seojin-gu, Seojin-gu, Seoul, in order to cast a vote, taken photographs of the above ballot papers using the Defendant’s cell phone camera, which was in possession, after entering the balloting booth to put a mark on the 2nd presidential election column, on the ballot paper stating that “the presidential election voting” was recorded in the balloting booth to cast a vote

Summary of Evidence

1. Defendant's legal statement;

1. Photographs photographs of ballot papers, and photographs, etc. of the suspects of the top of the Facebook;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of photographs);

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. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement is that the crime of this case is not less complicated in light of the legislative intent of the above Public Official Election Act to maintain the secrecy of voting and to ensure the progress of fair and peaceful voting procedures.

However, the Defendant’s motive for committing the instant crime appears to have been aimed to commemorate the first vote rather than to influence the election itself, considering favorable circumstances, such as the Defendant’s mistake in depth, the Defendant’s mistake in depth, the Defendant’s primary offender who has no criminal power, etc., and taking into account other circumstances, such as the Defendant’s age, character and conduct, environment, and circumstances after committing the instant crime, etc., the sentence shall be determined and the sentence shall be suspended.

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