Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

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.

Nevertheless, on May 5, 2017, at around 11:30, the Defendant took a photograph of the 19th presidential election campaigned by the Defendant in the balloting booth of the 19th presidential election campaign center located in Busan Metropolitan City, the 3th presidential election campaigned by the Defendant, carrying with him the presidential ballot papers in the balloting booth of the 19th presidential election campaigned by the Defendant, and published a copy of the voting papers recorded as above using the Defendant’s smartphone in the SNS (SNS in the name of the Defendant) in the name of the Defendant.

Accordingly, the defendant taken the ballot papers in the balloting booth, and disclosed his voting papers to the public, thereby infringing on the secrecy of voting.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written accusation and photographs of voting papers;

1. Article 256 (3) 2 (g) and Article 166-2 (1) of the Act on the Election of Public Officials in Charge of the pertinent crime and Articles 256-2 (1) and 241 (1) and 167 (3) of the Act on the Election of Public Officials (the fact that a ballot paper is open to the public and the choice of a fine);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not set the sentencing criteria for the provisional payment order.

1. Scope of punishment: Fines of 50,000 to nine million won;

2. The Defendant, who made a decision of sentence, taken the ballot papers on which he puts his vote, and disclosed the ballot papers on the Internet.

The crime of this case is detrimental to the purpose of the Public Official Election Act to maintain the secrecy of voting and to ensure fair and peaceful voting procedures.

However, the Defendant recognized the crime of this case and reflected his mistake.

The crime of this case has a particular effect on the result of the election.