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(영문) 서울중앙지방법원 2018.10.05 2018고합750
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

No one shall photograph ballot papers in the balloting booth, and no elector shall disclose his/her ballot paper on which he/she puts in.

On June 9, 2018, at the polling station of the Gangnam-gu Seoul Metropolitan Government Residents' Self-Governing Center, the Defendant took photographs of the ballot papers on which C political parties G, Gangnam-gu Council members' election (H constituency) were put in the voting paper for C party G, the Seoul Special Metropolitan City Council members' election paper for C party G, the proportional representative Seoul Special Metropolitan City Council members' election paper for C party G, and C party G, the Gangnam-gu Council members' election paper for proportional representative members' voting for C party G, and C party I, and the proportional representative members' election paper for proportional representative members' voting for C party G, and the Gu Council members' voting paper for proportional representative members' voting, and posted two copies of the above voting paper photographs on the Defendant's page to the North Korea account.

Since the defendant's photograph posted on Pins North two pages, the crime of violation of the Public Official Election Act due to the disclosure of voting papers is established, and the defendant was charged with the commercial concurrent relation. However, the head of the above photograph 2 only differs from the Gu, but all of the above photograph 6 pages of the decision are the same as the voting paper disclosed due to the notice of two copies of the above photograph 2, and the posting act was conducted from the same page North of the same person at the same time. Thus, it is reasonable to view that the crime of violation of the Public Official Election Act due to the notice of two copies of the above photograph constitutes a single crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs by cutting down a charge, fins north of the Republic of Korea;

1. Article 256 (3) 2 (g) of the Act on the Election of Public Officials in Charge of the relevant crime, Article 256 (3) 2 (g) of the Act on the Election of Public Officials, Article 166-2 (1) (the point of photographing ballot papers), Article 241 (1), Article 167 (3) (the point of disclosing ballot papers) of the Act on the Election of Public Officials, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment imposed on a violation of the Public Official Election Act due to the disclosure of more heavy ballot papers).

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