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(영문) 수원지방법원안양지원 2020.08.21 2020고합93
공직선거법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Defendant A

(a) No one who violates the Public Official Election Act, upon photographing ballot papers, shall photograph ballot papers in the polling stations;

Nevertheless, around 06:25 April 11, 2020, the Defendant taken pictures of the ballot papers of local constituency election and the ballot papers of proportional representative election, which were put in the column E of the candidate CD party, in the polling booth established at the 21st election district advance polling station located in 599, Gosan-ro, 599.

(b) No elector who violates the Public Official Election Act due to the disclosure of his/her ballot paper shall disclose the ballot paper on which he/she has entered;

Nevertheless, around 06:28 on April 11, 2020, the Defendant posted two copies of the voting paper taken as above at the parking lot at the advance polling station at the above advance polling station, and opened them to the H “H” Kakakao Stockholm group or reading room using cell phones.

2. Defendant B

(a) No one who violates the Public Official Election Act, upon photographing ballot papers, shall photograph ballot papers in the polling stations;

Nevertheless, around 09:50 on April 11, 2020, the Defendant taken pictures of the ballot papers of local constituency election and the ballot papers of proportional representative election on which marks are put in the column of candidates CD Party E, in the polling stations established at the 21st advance polling stations of the 21st National Assembly election in Ansan-gu, Ansan-si, 020.

(b) No elector who violates the Public Official Election Act due to the disclosure of his/her ballot paper shall disclose the ballot paper on which he/she has entered;

Nevertheless, the Defendant stated the facts charged at around 13:58 of April 11, 2020 as “09:55” but it is obvious that it is a clerical error.

Along with the aforementioned two photographs of the voting paper taken in the Park 1-dong Park at Ansan-si, Ansan-si, it was posted to the "H" Kakao Kakao District Library by using a cellular phone and made it public.

Summary of Evidence

1. Defendants’ respective legal statements 1.1.

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