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(영문) 서울중앙지방법원 2017.09.29 2017고합724
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No one who violates any provision prohibiting photographing ballot papers shall photograph ballot papers in the polling stations;

On May 9, 2017, the Defendant, within the 19th presidential election polling station established in the Do community service center located in Jongno-gu Seoul Metropolitan Government, taken photographs of ballot papers marked in the E Party F using the camera function of the cell phone flag in his possession.

2. No elector who infringes on the secrecy of voting shall disclose the ballot papers on which he/she marks;

On May 9, 2017, the Defendant, at around 13:00, disclosed the ballot papers and photographs taken in the vicinity of the Jongno-gu Seoul Metropolitan Building, such as paragraph 1, and infringed the confidentiality of voting by disclosing the ballot papers in the manner of posting them on the Lone Starg (ID:H).

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of a photograph of voting paper and Internet Nene map;

1. The application of Acts and subordinate statutes to each investigation report (report on the confirmation of a criminal suspect's voting fact, hearing of suspect's telephone statement, reporting attachment of NAV guidance);

1. Article 256 (3) 2 (g) of the Act on the Election of Public Officials in Charge of the relevant crime, Article 256 (3) 2 (g) of the Act on the Election of Public Officials, Article 166-2 (1) (the point of photographing ballot papers), Articles 241 (1) and 167 (3) 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. Article 241(1) (limited to the part part of Article 167(3)) and Article 256(3)2 (g) of the Act on the Election of Public Officials, which is a punishment provision for each of the crimes as indicated in the gist of the assertion (hereinafter “each of the instant penal provisions”), is a provision punishing the act of disclosing the ballot papers on which the elector puts his/her own, and the act of photographing the ballot papers in the balloting booth, which is a punishment provision for each of the crimes as indicated in the reasoning of the assertion, is a provision punishing the act of disclosing the ballot papers on which the elector puts his/her

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