Punishment on the accused shall be determined by a fine of KRW 500,000.

When the defendant does not pay the above fine.

Punishment of the crime

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

Nevertheless, at around 07:00 on April 7, 2017, the Defendant taken a photograph of the ballot paper for the National Assembly member re-election in the D advance polling station located in the D advance polling station located in C apartment 706 Dong 1st, and the E candidate column as his cellular phone.

2. The elector who infringes on the secrecy of voting shall not disclose the ballot papers on which he/she puts his/her vote;

Nevertheless, at around 08:00 on April 7, 2017, the Defendant posted a photo of the ballot papers taken as described in paragraph 1 at the site of a tomb in F at the time of permanent stay, on the “E” Round and opened it to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the Acts and subordinate statutes to photographs of Handphones, NAV screen "E" screen pictures, photographs of voting papers, and photographs of advance polling stations;

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 applicable sentences under law: Fines of 50,000 to nine million won;

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

3. Determination of sentence: A fine of KRW 500,00,000, the Defendant taken the ballot papers on which he puts in advance polling stations, posted such photographs on the Internet portal website community, thereby hindering the purpose of the Public Official Election Act to maintain the secrecy of voting and to ensure fair and peaceful voting procedures.

However, the crime of this case has a particular impact on the result of the re-election of National Assembly members conducted on April 7, 2017.