(영문) 서울중앙지방법원 2017.8.10. 선고 2017고합720 판결

On May 9, 2017, at around 06:30 on May 9, 2017, the Defendant taken a photograph of the ballot papers put in “C” using the mobile phone camera function in the 19th presidential election polling station established in the YY which is located in the YY of the Gu of Seongbuk-gu, Sungnam-si.

2. Infringement on the secrecy of voting;

The Defendant, around 17:45 on May 12, 2017, at the second floor E of the building of the Subdivision-gu, Sungnam-si, Sungnam-si, by transmitting the ballot papers taken under paragraph (1) to friendly F using Kakao Akaox, thereby infringing on the confidentiality of voting by disclosing the ballot papers on which it puts the ballot papers.

Summary of Evidence

1. Defendant's legal statement;

1. Kakao Stockholm photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 256(3)2(g) and 166-2(1) of the Public Official Election Act (the taking of ballot papers), Articles 241(1) and 167(3) of the Public Official Election Act (the disclosing of ballot papers) and the selection of fines for negligence.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed in a crime of violating the Public Official Election Act due to the disclosure of heavy voting papers)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Sentencing)

1. The scope of punishment by law: Fine not exceeding nine million won;

2. Determination of sentence;

The crime of this case is deemed to have been committed by the Defendant taking a cell phone camera in which the Defendant’s voting place was recorded and transmitted the photograph thereof to Kakaox, and it is an act that undermines the purpose of the Public Official Election Act to maintain the secrecy of voting and to ensure fair and peaceful voting procedures. Moreover, the crime is not less complicated in that it appears that the Defendant was aware of the fact that the voting place should not be taken.

However, in order to commemorate the fact that the Defendant exercised his voting right in the presidential election, the Defendant took a photograph of his ballot paper on which he puts his ballot paper. However, it is argued that the Defendant had transmitted his photograph taken as above by getting a specific candidate to talk about the election with Kakakao F while having a certain candidate talked about the election, and there is no criminal record. Moreover, the above photograph appears to have not been further disseminated to others.

In addition to these circumstances, the punishment as ordered shall be determined in consideration of the various circumstances shown in the records and pleadings, such as the age, character, conduct and environment of the defendant, motive and consequence of the crime, and the circumstances before and after the crime.