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(영문) 광주지방법원 순천지원 2017.08.24 2017고합144
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, around 10:00 on May 9, 2017, the Defendant taken a photograph of the ballot paper recorded in the presidential election paper at the polling station in the 3st place of the 19th presidential election of the 19th president election of the 19th president, which was established on the 19th presidential sports center located in the 3th presidential election of the 19th president, and up to 16:00 on the same day, up to 16:00, the Defendant posted a photograph of the ballot paper taken as above on his Internet page account “the first presidential voting name at 31 years only.”

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. Investigation data:

1. The application of Acts and subordinate statutes to one copy of a photograph posted A, P, P, P, P, and P, P, P, P, P, and P,

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 is that the defendant photographs his voting papers on which he puts in a polling station and posts them on the Internet. In addition, in light of the legislative intent of the Public Official Election Act to maintain the secrecy of voting and to protect fair and peaceful voting procedures, the responsibility is somewhat minor.

shall not be required to do so.

However, the defendant taken a voting paper to commemorate him/her who first participated in the presidential voting and posted it on the personal page account.

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