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

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

Punishment of the crime

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

Nevertheless, the Defendant, at around 17:00 on April 15, 2020, recorded the ballot paper for the election of proportional representative National Assembly members and the ballot paper for the election of proportional representative National Assembly members entered in E in the balloting booth (D) at the 21st election of the National Assembly members in Si/Gunpo-si B, 2020.

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

Nevertheless, at around 17:21 on April 15, 2020, the Defendant posted and disclosed the ballot papers and photographs of the election of the National Assembly members and the election of proportional representative National Assembly members on the free bulletin board, using the title “I” as “I, after accessing the Internet H site via a mobile phone, I”.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to notify investigation data;

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

2. Whether the sentencing criteria are applied: The sentencing criteria are not set for each of the crimes in this case.

3. Determination of sentence: A fine of KRW 500,000 is a crime against the intent of the Public Official Election Act, which maintains the secrecy of voting and guarantees fair voting procedures, and the liability for such crime is minor.