The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant is the elector in the 19th presidential election that was implemented on May 9, 2017.

1. No one who violates the Public Official Election Act by photographing ballot papers shall photograph ballot papers in the polling stations;

Nevertheless, around 16:44 on May 4, 2017, the Defendant recorded the ballot in the balloting booth in the 19th presidential election middle-dong advance polling station established in the 89th presidential election of the Central Agricultural Personnel Center in Busan Special Metropolitan City, Busan Special Metropolitan City around 16:4, 2017, and took a photograph by using the telephone camera function in which the ballot papers marked as above were carried.

2. No elector in violation of the Public Official Election Act due to a violation of the secrecy of voting shall disclose the ballot papers on which he/she has entered;

Nevertheless, around 09:06 on May 9, 2017, the Defendant posted a photograph of the voting paper taken by eight persons, such as 66, CJ E, and Doz, in the Kakao Stockholm Group Detain “D” page of Mapo-gu Seoul Metropolitan Government on May 9, 2017, thereby infringing the confidentiality of voting by disclosing the voting paper taken by the Defendant as described in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of investigative data of the Daegu Metropolitan City Election Management Committee, and application of Acts and subordinate statutes (Evidence List 6);

1. Article 256 (3) 2 (g) and Article 166-2 (1) (a) of the Act on the Election of Public Officials in Charge of the pertinent crime, Articles 256 (3) 2 (g) and 166-2 of the Act on the Election of Public Officials, Articles 241 (1), 167 (3) (a point in which voting papers are disclosed) of the Act on the Election of Public Officials, and the selection of fines;

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. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (where the defendant does not pay the above fine, the defendant shall be confined in the workhouse for the period calculated by converting 100,000 won into one day) by the detention in the workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act is that the Defendant is a university student of 21 years of age and both of the instant crimes are recognized and depthed.