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 08:20 on June 4, 2014, the Defendant received three copies of the first ballot paper (the ballot paper, the Do Governor, the Cheongju market, the ballot paper, and the Superintendent of the Provincial Office of Education) at the D Polling Station established in the office of management in the Chungcheong-gun C Apartment-gun, the Chungcheong-gun Office, and then entered the balloting booth, puts the E on the ballot paper of the Cheongbuk-do Office of Education, and then photographs one copy of the ballot paper on which he/she was in possession using the photographing function of the smartphone.

2. The Defendant destroyed and damaged the second ballot paper (the ballot paper of the proportional representative Cheongju City Council member, the ballot paper of the proportional representative Cheongbukbuk Provincial Council member, the ballot paper of the Cheongbukbuk Provincial Council member, and the ballot paper of the Cheongbukbukbuk Provincial Council member), which was received thereafter, after photographing one ballot paper using a smartphone as mentioned in the preceding paragraph, was removed from the voting clerks of the said polling station, and was prevented therefrom, and the voting clerks and voting clerks reported to 112.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. A report on the results of analysis of digital evidence;

1. Each photographic image;

1. Application of Acts and subordinate statutes on copies of voting records;

1. Article 244 (1) of the Public Official Election Act (the point of destroying a ballot paper), Article 256 (3) 2 (g), and Article 166-2 (1) (the point of photographing ballot papers) of the Public Official Election Act for facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Public Official Election Act due to the destruction of heavy ballot papers);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.