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;

Nevertheless, at around 16:30 on April 15, 2020, the Defendant taken a photograph of the ballot papers for the election of National Assembly members in the 21st National Assembly member ballot booth established in Seoul, using the mobile phone camera function.

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

Nevertheless, around 16:53 on April 15, 2020, the Defendant disclosed the ballot papers and photographs taken by using mobile phones in Seoul G Apartment H, and infringed the confidentiality of voting by posting them on the Internet website I’s “J” bulletin board.

Summary of Evidence

1. Application of Acts and subordinate statutes to closure data by posting a notice on the defendant's legal statement, internal investigation report (No. 4) and investigation report (Evidence List No. 12);

1. Relevant provisions for facts constituting an offense, and Articles 256 (3) 2 (g), 166-2 (1) of the Public Official Election Act (the selection of points of voting and fines), 241 (1), and 167 (3) of the Public Official Election Act (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 Public Official Election Act due to the violation of secrecy of heavy votes);

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 not exceeding 9,000,000 won;

2. Non-application of the sentencing criteria: The sentencing criteria is not set for each offense described in the judgment;

3. Determination of sentence: A fine of KRW 500,00 is disadvantageous: The instant crime is a case in which the Defendant photographs the ballot papers on which he/she recorded and discloses the ballot papers, while maintaining the secrecy of the voting.