Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

No one shall photograph ballot papers in the balloting booth, and no elector shall disclose his/her ballot paper on which he/she puts in.

Nevertheless, at around 15:56 on May 31, 2014, the Defendant taken six ballot papers posted by the Defendant at the 6th advance polling stations for nationwide and local elections located in the Gu/Si community service center, in a mobile phone camera where the Defendant had six ballot papers posted by the Defendant. On the same day, at around 16:00 on the same day, the Defendant posted the ballot papers posted by using the above mobile phone in the Defendant’s vehicle parked near the above polling station and opened them to the public on the Internet website D.

Accordingly, the Defendant infringed the confidentiality of voting by photographing ballot papers in the balloting booth and disclosing his voting papers to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Police investigation report (verification of photographs of polling stations stored on suspect cell phones);

1. Application of statutes governing Internet notices photographs;

1. Article 256 (3) 2 (g) and (g), Article 166-2 (1) of the Public Official Election Act (the point of photographing ballot papers and the choice of fines), Articles 241 (1) and 167 (3) of the Public Official Election Act (the point of disclosing ballot papers and the selection of fines) concerning criminal facts;

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 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. The defendant committed the crime of this case, which infringes on the secrecy of voting and the progress of fair election by photographing his ballot papers on which the defendant puts his vote for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, and disclosing his ballot papers further, but the defendant committed the crime of this case. Meanwhile, the defendant's mistake is divided, and his political intention or purpose to affect the election seems to have never existed, shall be considered as favorable circumstances.