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(영문) 울산지방법원 2013.04.26 2013고합30 (1)
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.

On December 19, 2012, at around 16:25, the Defendant taken a photograph by using a cell phone camera function, in the balloting booth at the 2 polling booth at the Seosan-dong, Busan-dong, which is located in the Nam-gu, Chungcheongnam-gu, Busan-do., the Defendant cast a vote for the presidential election of the 18th candidate one time, while holding the ballot papers for the candidate.

As a result, the Defendant taken the ballot papers in the polling stations.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation against the defendant;

1. Investigation reports (limited to telephone statements made by officials in charge of voting management on the field control and reporting to officials in charge of voting management on telephone conversations);

1. Application of the Acts and subordinate statutes on mobile phone pictures by the defendant;

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, there is no criminal record against the defendant, and all of the crimes of this case are recognized, and there is no intention to influence the defendant's election itself, and it seems that there is no intention to influence the defendant's election itself, and other circumstances, such as the defendant's age, character and conduct, environment, circumstances of the crime, means and result, etc., which are the conditions for sentencing specified in the records and arguments of this case, such as the circumstances after the crime, shall be determined by the order.

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