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(영문) 대구지방법원 경주지원 2017.11.03 2017고합53
공직선거법위반
Text

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

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, on May 4, 2017, the Defendant made a mark in the 19th presidential election polling station in the 19th presidential election polling station established in the D-Myeon office located in P-si, Sejong on May 4, 2017, and taken a photograph of the above ballot box using a mobile phone camera in his possession.

As a result, the Defendant taken the ballot papers in the polling stations.

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, on May 4, 2017, the Defendant posted a photo of the ballot papers taken by “G party”, “H” and “H”, using a mobile phone possessed by the Defendant, at around 13:16 on May 4, 2017, using a cell phone, respectively.

In this respect, the Defendant disclosed the ballot paper on which he puts the vote.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Act and subordinate statutes on the Dog Party’s Round Round Round Round Doz.

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

1. Scope of punishment by law: A fine not exceeding nine million won;

2. Application of the sentencing criteria: The sentencing criteria is not set for each of the crimes in this case.

3. Each of the crimes in this case committed by the Defendant against whom a sentence of sentence was rendered is to maintain the secrecy of voting and to ensure fair and peaceful voting procedures.

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