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(영문) 울산지방법원 2014.08.12 2014고합167
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, at around 16:20 on May 30, 2014, the Defendant entered the 6th advance polling on the election ballot papers of the Ulsan Metropolitan City Superintendent of the Office of Education issued, and recorded one copy of the above ballot paper with his mobile phone (galonoⅡ) in his possession, in the polling stations located in the 388-2 dong-ri, Seoyang-gu, Seoyang-gu, Ulsan-gu, Ulsan-do, Ulsan-do, the second floor of the 388-2 Kuyang-do office.

Summary of Evidence

1. Defendant's legal statement;

1. A record of voting management at advance polling stations;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of photographs of ballot papers);

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have taken the ballot papers on which the defendant puts his/her vote in the balloting booth, and in light of the legislative purport of the pertinent provisions in order to maintain the secrecy of voting and to ensure the fair and peaceful progress of voting procedures, the crime is not less complicated.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant has no record of criminal punishment, the fact that the defendant recognizes all of the crimes of this case and reflects his mistake, etc., and other conditions of sentencing that are shown in pleadings, such as the age, character and conduct of the defendant, motive and circumstance of the crime, etc

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