2018Gohap750 Violation of the Public Official Election Act

A

Written evidence (prosecution), and after the trial

Attorney B (Korean National Assembly)

October 5, 2018

Defendant shall be punished by a fine of KRW 500,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

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.

Around June 9, 2018, at the polling station of the Gangnam-gu Seoul Metropolitan Government Residents' Self-Governing Center, the Defendant taken photographs of the voting place on which Cparty G, the C Party D, and the Seoul Metropolitan Council Members' election ballot papers on the Seoul Metropolitan Council members' election ballot papers on the C Party F, the proportional representative Seoul Metropolitan Council members' election ballot papers on the C Party G, the C Party G, and the Seoul Metropolitan Council members' election ballot papers on the C Party G, the Gangnam-gu Council members' election ballot papers on the C Party G, the Gangnam-gu Seoul Metropolitan Council members' election ballot papers, and the C Party I and the Gangnam-gu Council members' election ballot papers on which the C Party was put on the P Party's mobile phone device, and posted two copies of the photographs

1. Defendant's legal statement;

1. Sovereigns and caps of a closed sovereigns;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 256(3)2(g), 166-2(1), 241(1), and 167(3) of the Public Official Election Act (the point of disclosing ballot papers), and the choice of fines for negligence

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed in a crime of violating the Public Official Election Act due to the disclosure of heavy voting papers)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act (Reasons for Sentencing)

1. The scope of punishment by law: A fine not exceeding nine million won;

2. According to the instant sentence, the Defendant taken the ballot papers on which he/she puts in the polling station in advance polling stations at the time of the 7th nationwide election, and posted his/her photograph on the north of the studio. This is also an act that damages the purpose of the Public Official Election Act to maintain the secrecy of voting and to ensure fair and peaceful voting procedures, and that the recorded ballot papers are likely to be disseminated through SNS.

However, the defendant did not know that he was in violation of the Public Official Election Act to disclose the ballot papers taken or put on the ballot papers in the balloting booth, and it appears that he did not have any political intent or purpose to influence the election at the time of committing the crime. After committing the crime of this case, the above page bulletin was deleted immediately after contact with the election commission, and there was no record of punishment for the same kind of crime.

In addition, the defendant's age, character, conduct and environment, motive and consequence of the crime, circumstances before and after the crime, etc., and the punishment as ordered shall be determined in consideration of various circumstances shown in the pleading.

The presiding judge and judges;

Judges Kim Young-ho

Judgment of the Prosecutor

1) The prosecutor reported that two crimes of violating the Public Official Election Act due to disclosure of voting papers constitute two crimes, since the defendant's photographs posted on the Facebook are two copies.

The two copies of the above photographs are somewhat different from the Gu, and all of them are taken by gathering six copies of the voting paper in the decision.

of the same ballot paper, which is disclosed due to the limit of two copies of the above photographs, and the conduct of guidance shall also be achieved from the Republic of Korea of the same person at the same time.

Therefore, it is reasonable to see that the crime of violating the Public Official Election Act due to the notice in Chapter 2 of the above photograph constitutes a single crime.

2) The sentencing criteria are not set.