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Defendant shall be punished by a fine of KRW 2,500,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
No one shall photograph ballot papers in the polling stations or damage ballot papers.
Around 17:50 on December 19, 2012, the Defendant received the 18th presidential ballot paper from the 36st election management office in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, and puts the 18th presidential ballot paper into the 18th presidential election and puts the 1D mark on the 1st election, and photographs the 3rd smartphone in Samsung Gallon, which the Defendant
Since then, the defendant was discovered to have taken the voting papers from the residents' welfare and E in the Yanbuk-gu Office in charge of the management of the above polling station, and damaged the above voting papers by hand with the tear of six parts.
Summary of Evidence
1. Defendant's legal statement;
1. E’s writing;
1. Each description of the internal investigation and report on the situation;
1. Application of each Act and subordinate statute of limitation on photographing photographs, damaged voting papers photographs;
1. Relevant provisions for facts constituting an offense, Articles 256 (2) 2 (g), 166-2 (1) of the Public Official Election Act (the point of photographing ballot papers, the choice of fines), Article 244 (1) of the Public Official Election Act (the point of damaging ballot papers, and the choice of fines);
1. From among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the aggregate of the maximum amount of the above two crimes prescribed in the Public Official Election Act due to damage to heavy voting papers) shall be added to concurrent crimes;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. The act of photographing ballot papers within ballot-counting grounds for sentencing under Articles 70 and 69(2) of the Criminal Act is an act that infringes on the secrecy of voting and the fair and peaceful voting procedure to be guaranteed by the Public Official Election Act, and is strictly prohibited. The act of damaging ballot papers is also an offense that may have an impact on the voting result wide by hindering the peace of voting and the voting affairs of persons engaged in election affairs to be guaranteed by the Public Official Election Act.