A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

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

Nevertheless, around 12:01 on May 9, 201, the Defendant put a mark on the F candidate in the balloting booth at the 1st E polling station of D school located in Eunpyeong-gu Seoul Metropolitan Government, and taken the ballot paper into a camera with a cellular phone.

2. No elector who has opened the ballot paper to the public shall disclose the ballot paper on which he/she has entered;

Nevertheless, at around 12:10 on May 9, 2017, the Defendant posted a photograph of the ballot papers taken in relation to the above paragraph (1) on the street in the vicinity of the polling station on May 9, 2017, and disclosed it to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of investigation data;

1. Application of Acts and subordinate statutes to investigative reports (reports, such as requests for communications data and replies and confirmation of voting places);

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 addition of concurrent crimes with punishment prescribed in a violation of the Election of Public Officials due to the disclosure of ballot paper with heavy holding) shall apply to 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. The scope of punishment by law: Fine not exceeding nine million won;

2. Determination of sentence: A fine of 50,000 won has been sentenced to 12 different types of crimes (2 times of suspended execution, 10 times of fine). Each of the crimes of this case is against the purport of the Public Official Election Act, which restricts the photographing and disclosure of voting papers in order to maintain the secrecy of voting and to guarantee fair and peaceful voting procedures.