The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No one shall photograph ballot papers in the polling stations.

Nevertheless, at around 11:16 on April 15, 2020, the Defendant taken pictures using the ballot papers for the election of National Assembly members and mobile phones in possession of ballot papers for the election of National Assembly members and the ballot papers for proportional representative National Assembly members in the 21st election of National Assembly members in Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of the statutes on the details of Kakao Stockholm conversations, photographs taken by voters, and copies of electoral lists;

1. Articles 256 (3) 2 (g) and 166-2 (1) of the Public Official Election Act concerning criminal facts;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Reasons for sentencing under Article 59 (1) of the Criminal Act of suspended sentence;

1. Scope of punishment by law: A fine not exceeding four million won;

2. Scope of the recommended sentencing criteria: The fact that the sentencing criteria are not set.

3. The Defendant, who made a decision to sentence, taken the ballot papers on which he puts in the balloting booth, and such an act is contrary to the purport of the Public Official Election Act, which limits the photographing of ballot papers in order to maintain the secrecy of voting and to ensure the fair and peaceful voting procedure, and thus is not easy to take such a crime.

However, the fact that the defendant recognized his mistake and speaks against the defendant, that is the first offender who has no record of criminal punishment, and that the crime of this case is not deemed to have been committed with the intent to influence the election, etc. is favorable to the defendant.

The above elements of sentencing and other factors of sentencing, such as Defendant’s age, character and conduct, environment, motive and background of crime, means and consequence of crime, etc., are considered as the order, and all of the conditions of sentencing as shown in the argument of this case, including the circumstances after crime.