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(영문) 서울서부지방법원 2018.10.24 2018고합256
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. A person who violates the Public Official Election Act by photographing the ballot papers shall not photograph the ballot papers in the polling stations on June 8, 2018, the Defendant taken photographs using a cell phone camera, 7 pages of the ballot papers on which the Defendant puts on the 7th local election in the constituency of Yongsan-gu, Yongsan-gu, Seoul, at a prior polling station established on the second floor in Seoul, located in 405, as the Yongsan-gu Seoul, Yongsan-gu, Seoul, and the 7th local election.

2. The Defendant violated the Public Official Election Act due to the disclosure of ballot papers photographs was the elector in Yongsan-gu constituency in relation to the 7th local election. Notwithstanding that the elector was unable to disclose his/her ballot paper, the Defendant, on June 8, 2018, posted a title of “the current direct absentee voting” on the D Press Internet bulletin board using a mobile phone of paragraph (1) above, thereby infringing the confidentiality of the voting by disclosing 7 copies of the ballot paper on which he/she recorded by recording his/her photograph as referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. replys to the execution of a seizure and search warrant of D press;

1. Application of the Acts and subordinate statutes on photographs by capturing a DNA bulletin board for the press;

1. Articles 256 (3) 2 (g) and 166-2 (1) (a) and 241 (1) and 167 (3) (a point in which voting papers are opened to the public) of the relevant Act on the Election of Public Officials under the relevant Act on the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of Commercial Competition [1] Articles 40 and 50 [the punishment to be imposed on a violation of the Public Official Election Act due to the shooting of ballot papers in Seoul, which are the largest of the voting papers, (2) the crimes of violation of the Public Official Election Act due to the disclosure of each ballot paper, and punishment to be imposed on a violation of the Public Official Election Act due to the disclosure of ballot papers in Seoul, which are the largest of the voting papers] [the Public Official Election Act refers to "the voting paper".

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