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(영문) 대구지방법원 안동지원 2021.01.14 2020고합45
공직선거법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall photograph ballot papers in the balloting booth, and no elector shall disclose his/her ballot paper on which he/she puts in.

Nevertheless, at around 11:40, the Defendant, in the polling station established in the meeting room of the 21st National Assembly member's apartment management office in Ansan-dong-si, taken three copies of the ballot paper out of a mobile phone held by the candidate J, who was sent to the 21st National Assembly member E, F, and the 11:50 of the same day, and opened the ballot paper by posting a photograph of the ballot paper taken by the Defendant on the Defendant's Pest bulletin board at around 11:50 of the same day.

Summary of Evidence

1. Application of the statutes governing the defendant's legal statement scene photographs and posting pictures;

1. Article 256 (3) 2 (g) and Article 166-2 (1) of the Act on the Election of Public Officials in Charge of the pertinent crime and Articles 256-2 (1) and 241 (1) and 167 (3) of the Act on the Election of Public Officials (the fact that a ballot paper is open to the public and the choice of a fine);

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed in a violation of the Election of Public Officials due to the disclosure of more heavy ballot papers);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act in the criminal procedure of the order of provisional payment was that the Defendant taken the ballot papers on which he/she recorded and disclosed the ballot papers. In addition, considering the purpose of the Public Official Election Act to maintain the secrecy of voting and to ensure fair and peaceful voting procedures, the liability for the crime is not easy.

However, the Defendant led to the confession of each of the crimes in this case.

It seems that there was no political intention or purpose to influence the election, and it seems that there was no time to delete the photographs of the voting papers after posting them.

There is no history that the defendant is subject to criminal punishment beyond the same crime or fine.

. The above.

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