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(영문) 수원지방법원 안산지원 2018.11.09 2018고합265
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

1. On June 9, 2018, the Defendant recorded the C candidate D and candidate F in the advance polling station in the advance polling station established in B’s Dong office at around 12:10 on June 9, 2018, and recorded two copies of voting papers with mobile phones.

2. On June 9, 2018, the Defendant posted two copies of the voting paper taken as above to the “E Party D candidate group Kakao Akao Stockholm room” by accessing the Internet via a cell phone at the above location on June 9, 2018 and opened to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Application of Acts and subordinate statutes to investigation reports (the submission of photographs of polling stations in front of the vessel);

1. Articles 256 (3) 2 (g) and 166-2 (1) (a) and 241 (1) and 167 (3) (a point in which voting papers are opened to the public) of the relevant Act on the Election of Public Officials under the relevant Act on the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Public Official Election Act due to taking photographs of each ballot paper, the punishment imposed on a violation of the Public Official Election Act due to taking photographs of a candidate C candidate voting paper, the punishment imposed on a violation of the Public Official Election Act due to disclosing each voting paper, the between violations of the Public Official Election Act due to disclosing each voting paper, and the punishment imposed on a violation of the Public Official Election Act due to disclosing a candidate voting paper, the criminal situation of which is heavier);

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against violation of the Public Official Election Act, as long as the punishment is open to the public with heavy voting papers);

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

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

1. The scope of punishment by law: Fine not exceeding nine million won;

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The crime of this case, where a fine of KRW 300,000,00, was recorded by the Defendant, shall be recorded by the Defendant, and each of the voting papers taken as above shall be posted to the Kakakao group TV room and made public, thereby maintaining the secrecy of voting.

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