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(영문) 울산지방법원 2013.04.26 2013고합26
공직선거법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, at around 12:10 on December 19, 2012, the Defendant cast a vote for the 18th presidential election at the 18th presidential election in the polling station located in the Dong-dong 1 Dong-dong 1 Dong-dong 1, Ulsan-gu, Ulsan-gu, U.S., and recorded the ballot paper with a cellular phone which was held after marking it on the ballot paper.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written accusation;

1. Application of Acts and subordinate statutes to an investigation report (to hear and report the telephone statement at the frontline leader who confirms the ballot paper photograph);

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

1. The crime of this case for the reason of sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant photographs his voting papers in the balloting booth, and the crime is not less complicated in light of the legislative purport of the pertinent provision in order to maintain the secrecy of voting and to ensure the fair and peaceful voting procedure, etc.

However, the fact that the defendant has no criminal record for the same kind of crime, the fact that the defendant recognizes all of the crimes in this case and reflects his mistake, the fact that the defendant seems to have no intention to influence his election itself, and other circumstances, such as the defendant's age, character and conduct, environment, circumstances of the crime, means and result, etc., which are the conditions of sentencing specified in the records and arguments in this case, such as the circumstances after the crime, shall be determined as the order.

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