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

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

Punishment of the crime

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

Nevertheless, at around 17:15 on April 11, 2020, the Defendant taken a photograph of the Defendant’s ballot papers in the polling station at the 21st election seat of the 20th election of the National Assembly member in Songpa-gu Seoul, Songpa-ro 37-ro 16, with a cell phone camera in which the Defendant kept the ballot papers.

As a result, the Defendant taken the ballot papers in the polling stations.

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

Nevertheless, the Defendant, at the time and place indicated in paragraph (1) above, sent to the Kakao Stockholm Group in which the members participate on the same day the voting paper photographs recorded after being recorded in the same manner as indicated in paragraph (1) above were disclosed.

In this respect, the Defendant disclosed the ballot paper on which he puts the vote.

Summary of Evidence

1. Application of the provisions of one copy of a written accusation of the defendant's statutory statement to the public in a voting paper;

1. Relevant provisions for facts constituting an offense, Articles 256 (3) 2 (g), 166-2 (1) of the Public Official Election Act (the point of photographing ballot papers, the selection of fines), Articles 241 (1) and 167 (3) of the Public Official Election Act (the point of disclosing ballot papers, the selection of fines);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes prescribed in the crime of violating the Public Official Election Act due to disclosure of heavy ballot papers);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding nine million won;

2. Scope of recommending sentencing criteria: The sentencing criteria shall not be set for each offense described in the judgment;

3. Determination of sentence: Fines of 500,000 won;

A. The circumstances unfavorable to the defendant are as follows:

The crime of this case is a case in which the defendant photographs his voting papers, and furthermore, discloses the voting papers.