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(영문) 창원지방법원 통영지원 2019.06.27 2019고합26
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is an elector in a special election for National Assembly members (BC constituency) held on April 3, 2019, and no one shall photograph ballot papers in the polling stations, while no elector shall disclose his/her ballot paper on which he/she puts a vote.

1. On March 29, 2019, the Defendant recorded a ballot paper in the balloting booth established at D advance polling stations on March 29, 2019, and taken a photograph with his driver’s license using a camera located in a mobile phone after marking the ballot paper.

2. The Defendant disclosed the ballot papers to the public, after photographing the ballot papers at the time, place, and in the same manner as the above paragraph 1 above, posted the ballot papers in the balloting booth, along with the words “F along with E-funding room using his mobile phone”, and opened them to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on photographs of ballot papers, E dialogue photographs, photographs stored in a mobile phone, and detailed information on cell phones storage photographs;

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

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 applicable sentences under law: Fines not exceeding 9,000,000 won;

2. Scope of the recommended sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The crime of this case, which amounts to a fine of KRW 500,00,00, is not against the purpose of the Public Official Election Act to maintain the secrecy of voting and at the same time ensure fair and peaceful voting procedures.

However, the defendant himself.

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