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

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

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, at around 12:20 on April 13, 2016, the Defendant taken a photograph of the ballot papers for the election of the National Assembly member of the 20th National Assembly in Seoul, using a smartphone in possession of the ballot papers for the election of the local constituency, in the 3 polling stations for the election of the National Assembly member of the 20th National Assembly located in Seoul. On the same day, the Defendant sent and disclosed to E (F) a photograph of the ballot papers as above in the 12:29

Accordingly, the Defendant infringed the confidentiality of voting by photographing ballot papers in the balloting booth and disclosing his voting papers to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification of the fact of photographing signs);

1. Application of Acts and subordinate statutes to Mesto 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 Officials due to the disclosure of more heavy ballot papers);

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is deemed to be undermining the purport of the Public Official Election Act in order to maintain the secrecy of voting and to guarantee fair and peaceful voting procedures. As such, Defendant’s liability is minor.

shall not be deemed to exist.

However, the defendant led to the confession of the crime of this case, and the mistake was divided, and the crime of this case did not have any particular influence on the result of the election.

There is no history of criminal punishment against the defendant.

The above circumstances, the Defendant’s age, sex, occupation, environment, family relationship, motive, method, and consequence of the crime, and the circumstances after the crime.