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(영문) 수원지방법원 안산지원 2019.01.07 2018고합303
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

No one shall photograph ballot papers in the polling stations.

Nevertheless, at around 14:20 on June 9, 2018, the Defendant taken one copy of his vote paper, using a cell phone camera function in the polling station for nationwide and local elections at the polling station for nationwide advance polling stations for local elections, which was established at the C community service center located in Si-si B, Si-si.

Summary of Evidence

1. Defendant's legal statement;

1. Preliminary voting records;

1. A written confirmation of photographing ballot papers;

1. Application of Acts and subordinate statutes to an investigation report (a list of public officials at the time of interest at an advance polling station on June 9, 2018);

1. Article 256 (3) 2 (g) and Article 166-2 (1) of the Public Official Election Act and Article 256 (3) 2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 4,000,000 won;

2. The sentencing criteria are not set for crimes on which the sentence is decided; and

The crime of this case is an unfavorable circumstance to the defendant in terms of the fact that the defendant taken the ballot papers on which the defendant puts his vote and at the same time violates the purpose of the Public Official Election Act to ensure fair and peaceful voting procedures.

However, it does not seem that the defendant led to the confession of the crime of this case and reflects his mistake, there is no record of criminal punishment exceeding the punishment of the defendant for the same crime and criminal punishment, and that the defendant committed the crime of this case with a political intent or intent to influence the election, or disclosed or spread the photograph of the ballot paper taken by the official in charge of voting management immediately after the crime of this case is committed.

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