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(영문) 서울중앙지방법원 2020.08.14 2020고합493
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

The Defendant is the elector in the 21st National Assembly member B constituency, which was conducted on April 15, 2020.

1. A person who violates the Public Official Election Act by photographing ballot papers may not photograph ballot papers in the polling stations on April 15, 2020; the Defendant, around April 15, 2020, taken a photograph of the ballot papers as the Defendant’s cell phone at the E polling stations arranged at the first floor street of D building in Seoul, and the sign F Party candidate H column, and proportional representation ballot papers inserted in the sign, F Party candidate H column.

2. 투표지 공개로 인한 공직선거법위반 선거인은 자신이 기표한 투표지를 공개할 수 없음에도, 피고인은 2020. 4. 16. 시간불상경 불상의 장소에서, 위 제1항 기재와 같이 촬영한 투표지 2장 사진을 휴대전화를 이용하여 피고인의 SNS(I) 계정(닉네임 ‘J’)에 “이게 진짜 인증아니겠 #ㅋㅋㅋㅋ”라는 글과 함께 게시하여 이를 공개하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of the Acts and subordinate statutes in the list of photographs, certificates of certification, and certificates with the I-cap;

1. Articles 256 (3) 2 (g), and 166-2 (1) (which means photographing ballot papers) of the Public Official Election Act; Articles 241 (1) and 167 (3) of the Public Official Election Act (which means disclosing ballot papers) of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed in the Public Official Election Act due to the disclosure of ballot papers for local constituency elections, among the crimes of violation of the Public Official Election Act due to the shooting of ballot papers for local constituency elections, the punishment prescribed in the crime of violation of the Public Official Election Act due to the shooting of ballot papers for local constituency elections, among the crimes of violation of the Public Official Election Act due to the disclosure of ballot papers for local constituency elections, and the punishment prescribed

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in a crime of violating the Public Official Election Act due to the disclosure of ballot papers for a district with heavy punishment);

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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