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(영문) 대구지방법원 2017.09.01 2017고합315
공직선거법위반
Text

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

When the defendant does not pay the above fine, five days shall apply.

Reasons

Punishment of the crime

1. No one shall photograph ballot papers in the polling stations, in contravention of the provisions of Article 12 (1);

Nevertheless, around 12:40 on May 9, 2017, the Defendant entered the 19th presidential election E-5 polling station established in the "D Welfare Center" located in the "D Welfare Center" located in the Gandong-gun, Gandong-gun, and put a mark on the F. In the balloting booth, the Defendant recorded the mark on the F. So, the Defendant taken the list of the ballot boxes located in the mobile phone with the ballot papers posted as above.

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, around 02:13 on May 10, 2017, the Defendant posted a ballot paper photographic on the Internet website (hereinafter “H”) bulletin board of “H”, using a portable phone held by the Defendant in the Defendant’s residence located in G in G in G in G in G in Chungcheongnam-gun, G, and published a ballot paper photographic as described in the foregoing paragraph 1. on May 10, 2017, and disclosed the ballot paper recorded in the said bulletin board of “H” in the manner described above at the Defendant’s residence in the foregoing Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the investigation report (in case of attaching two copies of photographs of evidence);

1. Article 256 (3) 2 (g) and Article 166-2 (1) (a) of the Act on the Election of Public Officials in Charge of Criminal Facts, the selection of each fine for a crime, Article 256 (3) 2 (g) and Article 166-2 of the Act on the Election of Public Officials, Article 241 (1) and Article 167 (3) of the Act on the Election of Public Officials (including the fact that the ballot papers are open to the public

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 (one-day conversion amount: 100,000 won);

1. The Defendant’s crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the purpose of the Public Official Election Act in order to maintain the secrecy of voting and to guarantee fair election procedures, and the nature of the crime is not easy.

(b).

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