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(영문) 서울동부지방법원 2020.09.11 2020고합230
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

1. No one who violates the Public Official Election Act (Prohibition of photographing ballot papers) shall photograph ballot papers in the polling stations;

Nevertheless, around 06:30 on April 11, 2020, the Defendant taken photographs using a ballot paper for the election of National Assembly members and a mobile phone in possession of a ballot paper for the election of National Assembly members and a ballot paper for the election of proportional representative National Assembly members in Songpa-gu Seoul.

Accordingly, the defendant taken two copies of voting in the balloting booth.

2. No elector who violates the Public Official Election Act (Infringement on the secrecy of voting) shall disclose his/her ballot paper;

Nevertheless, at around 06:53 on April 11, 2020, the Defendant sent a photograph of two ballot papers as described in paragraph (1) to the Kakakao Stockholm Group Sykao District Library (Pest Control Act: D), which is composed of 25 taxi engineers, and made it public.

In this respect, the Defendant disclosed the ballot paper on which he puts the vote.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the accused’s statutory statement, a photographic sign-up, a photographic, and written answers;

1. Relevant provisions for facts constituting an offense, 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. Scope of applicable sentences for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the confinement in a workhouse: Fines of 50,000 to 9,000,000 won;

2. Non-application of the sentencing criteria: No sentencing criteria shall be set for each offense described in the judgment;

3. The crime of this case with a sentence of sentence is to maintain the secrecy of voting in the case where the defendant photographs his ballot papers, and furthermore, discloses his ballot papers.

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