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(영문) 광주지방법원 목포지원 2017.08.17 2017고합65
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

피고인은 2017. 5. 9. 실시된 제 19대 대통령 선거의 선거권 자인 바, 딸에게 투표를 했다는 사실을 알려주기 위하여 투표 후 소위 ‘ 인 증 샷’ 을 찍기로 마음먹었다.

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

Nevertheless, on May 9, 2017, the Defendant received a ballot paper and put it into the balloting booth, put it into the balloting booth on May 9, 2017, and took one-time photographed ballot paper using the cell phone camera function in advance.

2. No one who damages ballot papers shall conceal, destroy, damage, or seize the seals or electoral lists relating to the election management and control affairs, such as ballot papers, ballot tools, balloting aids, etc., such as computer systems.

Nevertheless, at the time and place mentioned in paragraph 1, the Defendant requested the voting management officer C to prepare a confirmation letter on the ground that the voting papers were taken by the voting management officer C, and damaged the ballot papers by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A report on internal investigation (attached CCTV image data to a polling station), photographs of CCTV image data, and reports on internal investigation (Procedures for input and processing of ballot boxes in ballot papers);

1. A copy of the voting record at one polling station in North Korea's port;

1. Photographs of the defendant's cell phone;

1. Application of the statutes governing the duplication of CCTV images at the administrative and welfare center in North Korea-dong;

1. Article 256 (3) 2 (g) and Article 166-2 (1) of the Act on the Election of Public Officials (the fact of photographing ballot papers, the selection of fines) concerning facts constituting an offense, Article 244 (1) of the relevant Act and Article 256 (3) 2 (g) of the Act on the Election of Public Officials; the selection of fines);

1. Aggravation of concurrent crimes (the above two) Articles 37 (former part), 38 (1) 2, and 50 (the punishment is heavier than that prescribed in Article 2 (2) of the Civil Service Election Act) of the Act on the Aggravation of Concurrent Crimes (the punishment is aggravated).

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