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 who violates the Public Official Election Act, upon photographing ballot papers, shall photograph ballot papers in the polling stations;

Nevertheless, around 17:00 on April 11, 2020, the Defendant taken photographs using a cell phone in which the Defendant was holding the vote papers for the National Assembly member election (D constituency) and the ballot papers for proportional representative National Assembly members, at the 21st advance polling station for the 20th election of the National Assembly member located in Incheon District Public Welfare Center, located in B.

Accordingly, the defendant taken two copies of voting in the balloting booth.

2. No elector who violates the Public Official Election Act due to the disclosure of the ballot paper shall disclose the ballot paper on which he/she has entered;

Nevertheless, at around 18:49 on April 11, 2020, the Defendant posted two copies of the voting paper on which he recorded in the Defendant’s F Account by using the Defendant’s cell phone from the Defendant’s house located in Incheon E, and opened to the public.

In this respect, the Defendant disclosed the ballot paper on which he puts the vote.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol, photographic notice to the accused;

1. Relevant provisions of the relevant Act on criminal facts and the point of taking a ballot paper selection of punishment: Disclosure of ballot paper under Articles 256 (3) 2 (g) and 166-2 (1) of the Public Official Election Act: Articles 241 (1) and 167 (3) of the Public Official Election Act;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes prescribed in the crime of violating the Public Official Election Act due to disclosure of heavy ballot papers);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The scope of applicable sentences under law: Fines of 50,000 to nine million won; and

2. Scope of recommending sentencing criteria: The sentencing criteria shall not be set for each offense described in the judgment;

3. The following circumstances and the criminal law of the sentence of sentence: