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Defendant shall be punished by a fine of 1.2 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. No one shall photograph ballot papers in the polling stations;
Nevertheless, on June 8, 2018, the Defendant, in the advance polling polling station in the office of Gangnam-gu Seoul Special Metropolitan City located in the 21stm for the grassland of Gangnam-gun, Jinjin-gun, Seoul Special Metropolitan City on June 8, 2018, taken photographs of the ballot papers on which the Defendant puts a mark to C, who is a candidate for the election B constituency in the election of
2. The elector who has opened the ballot paper to the public shall not infringe on the secrecy of voting by disclosing the ballot paper on which he/she has entered;
Nevertheless, the Defendant, on June 8, 2018, parked in the parking lot in the office of Gangseo-gu Seoul Special Metropolitan City located in the 21-gil, Jinjin-gun, Jinjin-gun, Seoul Special Metropolitan City on June 8, 2018, “Advance polling” using mobile phones.
B The candidate C for the election district council members C
N. N.N. H. H. H. H. H. H. H. H. H. H. H. H.D.
The message called “from one to another’s name,” C’s photograph, and the photographic picture recorded as indicated in paragraph 1, sent out to 74 voters, and made public the ballot papers recorded by themselves, thereby infringing on the secrecy of voting.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation;
1. Application of the Acts and subordinate statutes to photographs, C-name photographs, ballot papers, and data to extract the message of this case by cutting down the text message message;
1. Article 256 (3) 2 (g) and Article 166-2 (1) (a) of the Act on the Election of Public Officials in Charge of Criminal Facts, the selection of each fine for a crime, Article 256 (3) 2 (g) and Article 166-2 of the Act on the Election of Public Officials, Article 241 (1) and Article 167 (3) of the Act on the Election of Public Officials (including the fact that the ballot papers are open to the public
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 addition of concurrent crimes with punishment prescribed in a violation of the Election of Public Officials due to the disclosure of ballot paper with heavy holding) shall apply to concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of punishment by law: A fine not exceeding nine million won;
2. Scope of the recommended sentencing criteria: The sentencing criteria shall be the same.