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(영문) 광주지방법원 순천지원 2017.10.12 2017고합212
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

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, the Defendant, at around 09:00 on May 9, 2017, taken the ballot papers recorded in the presidential voting paper at the 19th presidential election polling station located in the 4-dong, Dong-dong, in a mobile phone, at around 09:0, the Defendant opened the ballot papers in around 20:0 on May 9, 201, and opened them to the Kakao Stockholm room opened by five persons in high school windows.

Accordingly, the defendant taken the ballot papers in the balloting booth, and disclosed his voting papers to the public, thereby infringing on the secrecy of voting.

Summary of Evidence

1. Statement by the defendant in court;

1. Responses to the results of request for communications data;

1. Application of Acts and subordinate statutes governing evidence photographs;

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 Offices Act due to disclosure of ballot papers, the punishment of which is heavier);

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was committed by the Defendant in light of the legislative intent of the Public Official Election Act, which maintains the secrecy of voting and protects fair and peaceful voting procedures, by photographing the ballot papers on which the Defendant puts his vote at the presidential election polling station, and put them on the Kakao Stockholm Stockholm Stockholm.

shall not be required to do so.

However, it seems that the defendant did not have any intention to have any influence on the election because he posted the ballot paper to the string room with four high school windows at the closing time of voting.

(b) the defendant;

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