logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2020.09.28 2020고합195
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, around 13:00 on April 10, 2020, the Defendant taken photographs of the ballot papers for the election of National Assembly members and the ballot papers for the election of proportional representative National Assembly members, respectively, in the polling stations for the 21st election of National Assembly members established on the 3rd floor of the 21st election of the 21st National Assembly members, which were held by the Defendant, in the polling stations for the 21st election of

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, around 13:46 on April 10, 2020, the Defendant posted a mark in the Defendant’s residence located in Seongbuk-gu B and C, Sungnam-si, as set forth in paragraph (1), and then sent it to the Efashing collective hosting bank, “D” in which 372 persons participate in voting and voting photographs for election of National Assembly members and election of proportional representative National Assembly members.

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 the Acts and subordinate statutes on screen pictures by filing a written accusation of the defendant's statutory statement, photographic pictures and closures;

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. Sentence;

arrow