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

The Defendant is a person operating cosmetic, and is a member who works as a member of the SNS “D” from the SNS “C”, which is a kind of social network services (SNS).

1. No one shall photograph ballot papers in the polling stations;

Nevertheless, on May 4, 2017, at the 19th presidential election place established in the 15:00 Busan Metropolitan City, Busan Metropolitan City E community service center, the Defendant entered the balloting booth with a ballot paper and was in possession of the F candidate after entering the balloting booth.

Hand taken a vote by using a camera function of the Handphone.

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

2. Secrecy of voting shall be guaranteed;

Nevertheless, the Defendant, at around 17:52 on the same day, connected to the H Beauty Room of Defendant’s operation in the same Gu, 36 members, and transmitted photographs of the voting papers taken as in the preceding paragraph to the public by transmitting the voting papers of the Defendant to the above members.

Accordingly, the defendant infringed on the secrecy of voting.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to each internal investigation report, notification of investigation data, and each reply (the end of 7,9,13,15)

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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 applicable sentences: Fines of 50,000 to KRW 9,000,000;

2. The sentencing criteria are not set for offenses against which the sentence is decided; and

The crime of this case is to take and disclose his voting paper after the defendant cast his vote in the 19th presidential election.