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(영문) 서울남부지방법원 2017.09.28 2017고합386
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

1. No one shall photograph ballot papers in the polling stations;

Nevertheless, around 13:00 on April 25, 2017, the Defendant recorded the above ballot paper with a mobile phone camera that had been in possession of the voting paper issued while voting at the 19th presidential polling station located outside of the election of the president of the Republic of Korea (West Georgia s. Vanuver, BC, and Cana), located in the main office of the Republic of Korea of the Canadian Cukboo-si.

2. No elector who has opened the ballot paper to the public shall disclose the ballot paper on which he has entered;

Nevertheless, around April 25, 2017, the Defendant posted the ballot papers taken in the form of comments on the ballot papers taken by 10 persons using his/her mobile phone at the Defendant’s residence located in Canada, and opened the ballot papers to the Kakao Sato Ri, which are registered as a friendly Gu, in the form of comments on the ballot papers taken in accordance with the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s written answer;

1. Application of C-Samping statutes to C-Samping North Korean screen;

1. Article 256 (3) 2 (g) and Article 166-2 (1) of the Act on the Election of Public Officials in Charge of the pertinent crime and Articles 256-2 (1) and 241 (1) and 167 (3) of the Act on the Election of Public Officials (the fact that a ballot paper is open to the public and the choice of a fine);

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, infringed the secrecy of voting and the progress of fair and peaceful voting procedures by photographing the ballot papers on which he puts his vote at a polling station and posting them at a Kakao Scaro.

However, the defendant is the first offender, and the defendant is against himself/herself when he/she recognizes the crime.

There was no political intention or purpose to influence the election.

(b) other.

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