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(영문) 울산지방법원 2014.07.25 2014고합163
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, at around 13:10 on June 4, 2014, the Defendant cast a 6-time local election vote at the polling station in Jung-gu, Jung-gu, Seoul Metropolitan City, the head of Jung-gu, the head of Jung-gu, the head of the Gu, and the superintendent of the office of education of Ulsan Metropolitan City, the Defendant put a 6-time local election vote at the polling station in Jung-gu, Jung-gu, the head of the Gu, the head of the Gu, and the head of Ulsan Metropolitan City, the head of the Gu

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Application of the statutes on photographing ballot papers;

1. Relevant Articles 256 (3) 2 (g) and 166-2 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have taken the ballot papers on which the defendant puts his/her vote in the balloting booth, and in light of the legislative purport of the pertinent provisions in order to maintain the secrecy of voting and to ensure the fair and peaceful progress of voting procedures, the crime is not less complicated.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant has no record of criminal punishment, the fact that the defendant recognizes all the crimes of this case and reflects his mistake, the defendant seems to have no intention to influence his election itself, and the photograph taken is not transmitted to another person, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments, such as the defendant's age, character and conduct, motive and circumstance of the crime, means and consequence, and the circumstances after the crime.

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