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(영문) 의정부지방법원 2020.11.06 2020고합340
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, around 09:00 on April 11, 2020, the Defendant, within the polling station in the 21st advance polling station in the election of the 21st National Assembly member of the 21st National Assembly established in the c community service center located in the c community service center located in the c community service center located in the c community service area B, the Defendant took a photograph by using the Kamera function of the mobile phone (galian No. 5) which was held after setting up the vote papers of proportional representative ballot recorded with the E-political candidate

2. No elector who has put a mark on the ballot paper open to the public shall disclose the ballot paper on which he puts it;

Nevertheless, at around 09:40 on April 11, 2020, the Defendant posted a photo of the ballot papers taken as described in the above Paragraph (1) to the Kakakao Stockholm Group (21) of “I,” a regional group of friendship, including the Council of the Republic of Korea, in which he/she is his/her member, and around that time, sent it to about 10 persons, including J, K, and L, who are branch members of J, K, and opened to the public.

3. The Defendant violating the restriction on the subject of an election campaign is a person who is a member of C’s residents’ autonomous committee (term of office: from May 3, 2019 to May 2, 2021).

No member of the residents' autonomous council established in the Eup/Myeon/Dong residents' autonomous center shall engage in an election campaign.

Nevertheless, around April 15:17, 2020, the Defendant posted on the upper end a Kakao Stockholm conference room of “I” as well as the word “M,” and posted a Kakao Television image photograph on the upper end, stating “D” and “G” at the lower end. On April 11, 2020, at around 09:40, the Defendant, as indicated in the foregoing paragraph (2), posted a ballot paper on the local constituency ballot paper marked to the EF candidates No. D, and a ballot paper on the proportional representative ballot paper No. G No. H to the said “I”’s Kakao Stockholm conference room. Around that time, the Defendant carried out an election campaign for the said F and H parties by transmitting approximately 10 persons, including J, K, and L, to the Kakao Stockholm message.

Summary of Evidence

1. The defendant's violation of the Public Official Election Act.

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