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(영문) 의정부지방법원고양지원 2020.11.03 2020고합209
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. No one shall photograph ballot papers in the polling stations;

Nevertheless, on April 10, 2020, the Defendant taken photographs of the ballot papers for the election of National Assembly members and the camera of a mobile phone in possession of ballot papers for the election of proportional representative National Assembly members at the 21st advance polling station for the election of National Assembly members established at the Ansan-gu Mayang-si Mayang-si 170.

As a result, the Defendant taken the ballot papers in the polling stations.

2. No elector who has opened the ballot paper to the public shall disclose the ballot paper on which he has entered;

Nevertheless, around April 10, 2020, the Defendant posted a copy of the voting paper for the election of National Assembly members and a photograph of election for proportional representative National Assembly members, which was taken by the Defendant’s house located in Ansan-gu B as described in paragraph (1), and made it public.

In this respect, the Defendant disclosed the ballot paper on which he puts the vote.

Summary of Evidence

1. As a result of the Defendant’s statutory statement, report on internal history (Evidence Nos. 4), investigation report (Evidence No. 11) (Evidence Nos. 11), the application of the Acts and subordinate statutes on the screen of the screen to which a person subject to investigation is subject to the search results of the suspect’s search and the screen to which a page

1. Relevant provisions for facts constituting an offense, Articles 256 (3) 2 (g), 166-2 (1) of the Public Official Election Act (the point of photographing ballot papers, the selection of fines), Articles 241 (1) and 167 (3) of the Public Official Election Act (the point of disclosing ballot papers, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the crime of violating the Public Official Election Act due to disclosure of heavy ballot papers);

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. The scope of punishment by law: Fines of 50,000 to 9 million won; and

2. Scope of recommendations based on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: Fine of 400,000 won each of the instant cases.

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