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(영문) 수원지방법원 평택지원 2018.11.23 2018고합158
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

The defendant is a party member C, who worked as a adviser from E's election campaign, which moved as a candidate to D market in the election of the head of the local government based on simultaneous local elections all over the seven times on June 13, 2018.

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

However, the Defendant, in F around 11:00 on June 9, 2018, taken one-time a camera-ro in a cell phone, in the balloting booth in the “H advance polling station” located in G, and in the “H advance polling station” located in G, one of the seven ballot papers marked in the 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;

However, the Defendant, at around 15:02 on June 9, 2018, posted a photograph of voting papers taken by “J” at the Kakao Stockholm Office (79 members belonging to the Defendant) as described in the foregoing paragraph (1) and disclosed them to the public at around 15:02, the Defendant infringed the confidentiality of voting.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to photographs and sign signs taken by Kakao Stockholms;

1. Article 256 (3) 2 (g) of the relevant Act and Article 256 (3) 2 (g) of the Act on the Election of Public Officials in Charge of Criminal Facts, Article 166-2 (1) of the Act on the Election of Public Officials (the election of ballot papers, the election of fines), Articles 241 (1) and 167 (3) of the Act on the Election of Public Officials (the election of ballot papers is open to the public, the election of fines is selected);

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: Not more than nine million won;

2. Scope of the recommended sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The crime of this case, where a fine of KRW 50,000,00, was recorded by the Defendant, is a case in which the voting papers recorded by the Defendant, and the photograph taken by the Defendant are posted on the Kakao group TV room, thereby maintaining the secrecy of voting.

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