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(영문) 춘천지방법원 영월지원 2014.08.14 2014고합25
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, at around 07:57 on May 31, 2014, the Defendant cast a vote at the Jinwon-gun's Jinwon-gun's Jinwon-gun Office located in the Jinwon-gun's Jinwon-gun, which is a place of prior election for nationwide local elections, and took a photograph of each of the voting papers of Pyeongtaek-gu and Gangwon-do Council members using a cell phone camera in the polling stations located in the polling stations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 256 (3) 2 (g) and 166-2 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement is that the crime of this case is not less complicated in light of the legislative intent of the above Public Official Election Act to maintain the secrecy of voting and to ensure the progress of fair and peaceful voting procedures.

However, the Defendant’s motive for committing the instant crime appears to be aimed at commemoration of voting rather than having an influence on the election itself; the Defendant’s mistake is divided in depth; the Defendant’s primary offender without any criminal power is considered favorable circumstances; and the Defendant’s age, character and conduct, environment, and circumstances after committing the instant crime, etc. shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the instant pleadings, including the Defendant’s age, character and conduct, and circumstances after committing the instant crime, and the sentence shall be suspended.

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