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

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

Punishment of the crime

No one shall photograph ballot papers in the polling booth, and no elector shall disclose his/her ballot paper on which he/she puts in to the polling booth to infringe on the secrecy of voting.

On May 4, 2017, at around 13:00, the Defendant taken the ballot papers on which he/she put in the front polling station B in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, with smartphones, and posted his/her photograph on the “D”, which is the room of the Korean polytex University Kim c and the Kakakao Stockholm, in his/her presence.

In this way, the defendant taken his voting papers and disclosed them to the public, thereby infringing on the secrecy of voting.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition, notification of investigation data, investigation data, and written confirmation;

1. Application of the Acts and subordinate statutes of photographs posted on SNS;

1. Article 256 (3) 2 (g) and Article 166-2 (1) (a) of the Act on the Election of Public Officials in Charge of the pertinent crime, Articles 256 (3) 2 (g) and 166-2 of the Act on the Election of Public Officials, Articles 241 (1), 167 (3) (a point in which voting papers are disclosed) of the Act on the Election of Public Officials, and the selection of fines;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed in a violation of the Election of Public Offices Act due to disclosure of ballot papers, the punishment of which is heavier);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The scope of applicable sentences under law: Fines of 50,000 to nine million won; and

2. The sentencing criteria are not set for each crime of this case.

3. Determination of sentence: The crime of this case requires a fine of KRW 50,000,00 to be sentenced to a fine for the crime of this case, which is disadvantageous to the defendant, is that the nature of the crime is not less than that of the case in which the defendant photographs his ballot papers and discloses his ballot papers; such crime is likely to undermine the purpose of the Public Official Election Act in order to maintain the secrecy of voting and ensure fair and peaceful voting procedures.

On the other hand, there is no record that the defendant has previously been subject to criminal punishment.