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(영문) 수원지방법원안산지원 2020.08.21 2020고합160
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

1. No one who violates the Public Official Election Act by photographing ballot papers shall photograph ballot papers in the polling stations;

Nevertheless, at around 10:00 on April 10, 2020, the Defendant recorded the “D advance polling station” in the election of the 21st National Assembly member established in Ansan-si B and C4, and recorded two copies of the ballot paper for the 21st National Assembly member, and recorded two copies of the ballot paper for the gallon-si 7 mobile phones.

2. No elector in violation of the Public Official Election Act due to the disclosure of ballot papers photographs shall disclose his/her ballot papers posted thereon;

Nevertheless, at around 10:04 on April 10, 2020, the Defendant disclosed two copies of voting papers in the way of posting two copies of voting photographs taken in the same manner as described in paragraph (1) on the Kakao Stockholm Group TV room, where 1,526 persons participate in the 1,526 amount at the Kakao District B and C parking lot in Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. Application of the Acts and subordinate statutes to the accusation [including the Kakakao Stockholm photographs to be accompanied], investigation reports (including accompanying photographs, such as a photo of the fluor photograph) (Attachment)

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 the recommended sentencing criteria: The same shall not apply to the case where the sentencing criteria are set.

3. Determination of sentence: a fine not exceeding 500,000;

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