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(영문) 의정부지방법원 2020.10.07 2020고합271
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 shall photograph ballot papers in the polling stations;

Nevertheless, on April 15, 2020, the Defendant taken a photograph of the ballot paper on which the Defendant puts his vote in the balloting booth in the 21st election of the National Assembly member provided in the 21st election of the National Assembly member provided in B, 2020.

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/she has entered;

Nevertheless, the Defendant posted and disclosed the ballot paper photographs taken after recording in the same manner as the above Paragraph (1) at the date and place mentioned in the above Paragraph (1) on the bulletin board on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to documentary evidence, each report on internal investigation (related to visiting and investigating good real estate, specific circumstances of the suspected cell phone number and reason for requesting the provision of communication data), investigation report (in cases of knowing a violation of the Public Official Election Act);

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. Scope of applicable sentences under law: Fines of 50,000 to 9,000,000;

2. Non-application of the sentencing criteria: With respect to each crime as indicated in the judgment, the sentencing criteria are not set. 3. The crime of this case in the amount of a fine of KRW 500,000 is to be taken by the defendant, and further, the voting place on which the defendant puts his vote.

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