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

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 stations.

Nevertheless, at around 17:50 on June 13, 2018, the Defendant taken a photograph of the ballot papers on the D market election which were owned by the mobile phone, the marks E in the ballot papers on the D market election, G candidates in the F election ballot papers, H parties in the F election of proportional representative D council members, J candidates in the I election ballot papers, and K candidates in the ballot papers on the D City Council members' election, and the ballot papers on the D City Council members' election.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to request investigation;

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

1. Scope of punishment by law: A fine not exceeding four million won;

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

3. Determination of sentence: A fine of 30,000 won has taken the ballot papers on which the defendant puts his vote in the balloting booth. Such an act is against the intent of the Public Official Election Act, which limits the photographing of ballot papers in order to maintain the secrecy of voting and to ensure the fair and peaceful voting procedure, and thus, the criminal liability is not less complicated.

However, the fact that the defendant recognized his mistake and speaks against the defendant, there is no history of criminal punishment against the defendant, and that the defendant does not seem to have committed the crime of this case with the intent to influence the election, etc. is favorable to the defendant.

The sentencing factors as above and the defendant's age, character and conduct, environment, motive and background of crime, means and result, etc., shall be determined as ordered by taking into account all the sentencing conditions shown in the argument of this case, such as the circumstances after the crime.