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(영문) 울산지방법원 2014.08.12 2014고합168
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, at around 14:40 on May 30, 2014, the Defendant posted the 6th advance polling on the election ballot paper of Ulsan Metropolitan City Mayor, Ulsan Metropolitan City Mayor, and Ulsan Metropolitan City, which was issued, at the 2nd advance polling station in Gyeyang-gu, Seoyang-gu, Seoyang-gun, Ulsan-do, 29-3 Goyang Culture and Welfare Center established on the 2nd floor, and then taken two copies of the above ballot paper with his cellular phone (galnoS III).

Summary of Evidence

1. Defendant's legal statement;

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

1. A written accusation;

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, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, motive and circumstance of the crime, means and result, the circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant has no record of exceeding the fine; (b) the defendant has committed the crime of this case against his mistake while recognizing all of the crimes of this case; and (c) the photograph taken is not transmitted or posted

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