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(영문) 대구지방법원 2017.08.25 2017고합294
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the main body of the defendant.

1. No one shall photograph ballot papers in the polling stations, in contravention of the provisions of Article 12 (1);

Nevertheless, on May 9, 2017, the Defendant entered the 19th presidential election polling station established in the Daegu-gu, Daegu-gu, as “D” located in “D,” and put a mark in E in the balloting booth, and taken a camera into the seat of the phone carrying the ballot papers as above, and then the Defendant carried the ballot papers on the ballot papers as above.

2. No elector who has put a mark on the ballot paper open to the public shall disclose the ballot paper on which he puts it;

Nevertheless, the Defendant, on May 9, 2017, posted the ballot papers taken by the Defendant at the seat of the Defendant’s residence located in Daegu East-gu, Daegu-gu 802, by inserting a portable phone, which was held in the Defendant’s residence inside the Defendant’s residence, to the Kakao Stockholm Group 2, as described in the foregoing 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on investigative data;

1. Article 256 (3) 2 (g) of the Act on the Election of Public Officials in Charge of the relevant crime, Article 256 (3) 2 (g) of the Act on the Election of Public Officials, Article 166-2 (1) (the point of photographing ballot papers), Articles 241 (1) and 167 (3) of the Act on the Election of Public Officials, and the selection of fines;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed in a violation of the Election of Public Offices Act due to disclosure of ballot papers, the punishment of which is heavier);

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: one hundred thousand won);

1. Reasons for sentencing under Article 59 (1) of the Criminal Act (the punishment to be suspended: fine of 500,000 won, the detention in the workhouse: 100,000 won per day, and the circumstances favorable to the following reasons for sentencing):

1. The scope of applicable sentences under law: Fines of 50,000 to nine million won; and

2. The sentencing criteria are not set for each crime of this case.

3. The instant crime committed by the Defendant on the sentence is contrary to the intent of the Public Official Election Act, which maintains the secrecy of voting and guarantees fair election procedures.

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