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(영문) 제주지방법원 2020.08.10 2020고합95
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. No one who violates any provision prohibiting photographing ballot papers shall photograph ballot papers in the polling stations;

Nevertheless, on April 11, 2020, the Defendant visited C advance polling stations located in Jeju-si B to vote for the 21st National Assembly member, and received voting papers, and then recorded the ballot papers with handphones carried out by the E political party number D in the voting booth.

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

Nevertheless, at around 16:21 on April 11, 2020, the Defendant posted a photograph of the ballot papers taken by the Defendant on “G” as described in the preceding paragraph, and continuously posted a photograph of the ballot papers on the Defendant’s page account at around 16:24 on the same day, thereby infringing the confidentiality of voting by disclosing it to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Sponsore photo of the Peston-North Korea;

1. Application of Acts and subordinate statutes to each investigation report (report on the results of analysis of suspect A mobile phone digital siren data, and CCTV re-survey report in the C community service center);

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

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: Not more than nine million won;

2. Scope of recommending types according to the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The crime of this case with a fine of KRW 500,000 shall be recorded by the defendant, and the photographic paper taken by the defendant shall be posted on the Internet bulletin board.

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