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(영문) 대구지방법원 포항지원 2017.09.07 2017고합49
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, at around 08:00 on May 9, 2017, the Defendant: “The 19th presidential election D 4 polling station in South-gu, South-gu, the Defendant: (a) confirmed the electoral register, etc. according to the procedures to vote; and (b) entered the balloting booth in order to commemorate the voting for the first time by becoming an adult; and (c) recorded the ballot box in the ballot box; and (d) recorded the ballot box in order to commemorate the voting for the first time.

As a result, the Defendant taken the ballot papers in the polling stations.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of petition, investigation data on acts violating the Election of Public Officials Act;

1. Application of Acts and subordinate statutes to report internal investigation (investigation into the elector's list, personal data programming, etc.), investigation report (for suspect A's ballot paper photograph, etc.);

1. Article 256 of the Act on the Election of Public Officials and Articles 256 (3) 2 (g) and 166-2 (1) of the Act on the Election of Public Officials in Charge of Crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won; and

2. The circumstances favorable to the determination of sentence: the defendant recognized and reflected the instant crime.

The defendant is the first offender who has no criminal record.

The Defendant appears to have committed the instant crime contingently in the mind that he/she intends to prove his/her voting fact, and does not seem to have committed the instant crime with political intent or purpose to influence the election.

A disadvantageous circumstances: The defendant taken the ballot papers on which he puts in the balloting booth, which would hinder the purpose of the Public Official Election Act to maintain the secrecy of voting and to ensure fair and peaceful voting procedures.

In addition, the age, sex, environment, motive, means and result of the crime of the defendant, the situation after the crime is committed.

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