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(영문) 광주지방법원 순천지원 2018.10.25 2018고합165
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on January 19, 2018, for the charge of forging private documents in the Gwangju District Court’s Macheon Branch on January 19, 2018, and the said judgment became final and conclusive on January 27, 2018 and is still under suspended

[2] No one shall photograph ballot papers in the polling station.

On June 8, 2018, the Defendant taken the 7th day of viewing, set up in C around 14:00, the ballot papers recorded in D market voting papers in the advance polling station in the simultaneous local election of local governments, within the balloting stations in the advance polling station.

No elector who has opened the ballot paper to the public shall disclose the ballot paper on which he/she has entered.

At around 14:40 on the same day as paragraph 1, the Defendant sent the above-mentioned ballot papers to the Kakao Group Stockholm where a total of 481 persons, including the folders, were opened at the F cafeteria located E, and opened to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to data to the Kakao Stockholm Group Stockholm closures;

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. 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 punishment by law: A fine not exceeding nine million won;

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. According to the decisions of sentence, the sentence shall be determined in the same manner as the order, taking into account the following conditions of sentencing, such as the defendant’s age, sex, environment, motive and background of the instant crime, means and results thereof, and circumstances before and after the commission of the crime.

D. Unfavorable circumstances: The Defendant puts a mark on his or her candidate G, who is his or her dormitory.

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