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, if the polling booth is established;

Nevertheless, on May 9, 2017, the Defendant, within the balloting booth in the 19th presidential election management office established in the area of Suwon-si, Suwon-si, the Defendant recorded the ballot in the ballot paper, and taken a photograph by using a cell phone in which he was holding the ballot paper.

2. No elector who has put a mark on the ballot paper open to the public shall disclose the ballot paper on which he/she puts;

Nevertheless, at around 17:35 on May 9, 2017, the Defendant connected to the Kakao District Stockholm room “D” and posted a photographic file in which the Defendant posted the ballot papers on which the Defendant posted at the 19th presidential election.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify investigation data;

1. Article 256 (3) 2 (g) and Article 166-2 (1) (a) of the Act on the Election of Public Officials in Charge of the pertinent crime, Articles 256 (3) 2 (g) and 166-2 of the Act on the Election of Public Officials, Articles 241 (1), 167 (3) (a point in which voting papers are disclosed) of the Act on the Election of Public Officials, and the selection of fines;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed in a violation of the Election of Public Offices Act due to disclosure of ballot papers, the punishment of which is heavier);

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

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

2. Whether the sentencing criteria are applied: Decision not to set the sentencing criteria;

3. The Defendant’s crime of this case against the purpose of the Public Official Election Act to maintain the secrecy of voting and to ensure fair and fair election procedures.

However, the defendant taken the ballot papers to certify that he/she cast his/her vote to the persons who carried out the election campaign together and posted them, and it seems that there was no purpose of obstructing the election campaign of a specific candidate with intent to have a political influence on many and unspecified persons.

The defendant commits the same offense.