Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

1. No one shall photograph ballot papers in the polling stations;

Nevertheless, around May 9, 2017, the Defendant, at around 12:30 on May 12, 2017, taken a photograph by using a cell phone camera function in which he/she carried his/her ballot paper with F candidates while voting for the 19th presidential election, in the balloting booth established in Seongdong-gu Seoul Metropolitan Government D elementary school.

2. No person shall conceal, destroy, damage, or seize ballot papers, etc.;

Nevertheless, the Defendant taken the ballot papers such as the date, time, place, and paragraph (1) as described in paragraph (1), and destroyed them by putting them out from the voting clerk working at the same place, and then destroying the ballot papers in the state where they are put in a turn by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The police statement of H;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 244 (1) of the Act on the Election of Public Officials and Article 244 (1) of the Act on the Election of Public Officials in regard to Criminal Facts (the point of destroying voting papers, the selection of fines), Articles 256 (3) 2 (g) and 166-2 (1) of the Public Official Election Act (the point of photographing voting papers and the selection of fines);

1. An aggravated punishment for concurrent crimes: the aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the maximum amount of each crime, provided for in the crime of violation of the Election of Public Offices due to the destruction of a paper for heavy voting, the penalty for concurrent crimes shall be aggravated;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case is to maintain the secrecy of voting and to ensure fair and peaceful voting procedures by photographing the voting paper and destroying the voting paper so that the election clerks can not take the voting paper despite the guidance that the defendant would not take the voting paper.