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(영문) 창원지방법원통영지원 2020.08.20 2020고합44
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 shall photograph ballot papers in the polling stations;

Nevertheless, at around 10:00 on April 11, 2020, the Defendant taken the ballot papers on which the candidates for the election of the 21st National Assembly member was put in to the candidates for the election of the 21st National Assembly member E in his mobile phone in the polling stations established at advance polling stations for the residents' self-governing center located in B.

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

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

Nevertheless, on April 11, 2020, the Defendant, at the parent house of the Defendant, located in the CF at a macro-si on April 11, 2020, connected his own cell phone to the Internet G car page “H” and posted a photograph of the ballot papers taken as described in paragraph (1) to the public.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to photograph photographs and ballot papers taken by capturing a dynamic image;

1. Relevant provisions for facts constituting an offense, Articles 256 (3) 2 (g), 166-2 (1) (a) of the Public Official Election Act (the point of photographing ballot papers), Articles 241 (1) and 167 (3) of the Public Official Election Act (the point of disclosing ballot papers), and 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. The scope of applicable sentences under law: Fines of 50,000 to nine million won; and

2. Scope of recommending sentencing criteria: The sentencing criteria shall not be set for each offense described in the judgment;

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

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