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(영문) 울산지방법원 2013.04.12 2013고합23
공직선거법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, the Defendant, at around 15:30 on December 19, 2012, posted a vote for the 18th presidential election at the polling station in the 2 polling station in Gyeyang-gu, Seoyang-gun, Ulsan-gun, Ulsan-gun, which was established at the 15:30 on the 19th anniversary of the 2012, and taken a cell phone with the above ballot paper in possession of C.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to report on occurrence of a suspected violation of the Public Official Election Act;

1. Relevant Articles 256 (2) 2 (g) and 166-2 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. The crime of this case for the reason of sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant photographs his voting papers in the balloting booth, and the crime is not less complicated in light of the legislative purport of the pertinent provision in order to maintain the secrecy of voting and to ensure the fair and peaceful voting procedure, etc.

However, the defendant is a first offender with no criminal records, and all of the crimes in this case are recognized, and thus his mistake is against the law, and the defendant taken to commemorate the first vote after naturalization in Korea, and it seems that there is no intention to influence the election itself, and the defendant's age, character and behavior, environment, circumstances, means and result of the crime, and all other circumstances, which are the conditions for sentencing specified in the records and arguments in this case, including the circumstances after the crime, shall be determined as ordered by the order, taking into account the following factors.

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