Defendant

A is a person registered as a preliminary candidate for H political party (election district: I) in relation to the election of the 20th National Assembly member G held in F, and the defendant B is a person who reported to the head of the election affairs of the above A.

Except as prescribed by the Public Official Election Act, no election campaign shall be carried out by means of door-to-door visits, etc. prior to the election campaign period.

Nevertheless, on February 24, 2017, from around 09:44 to 10:34, the Defendants visited 13 offices, including K Viewing general office and 13 offices in J, in a successive order, and Defendant A requested public officials to engage in good faith and distributed Defendant B’s preliminary candidate name.

As a result, the Defendants jointly visited the K viewing Department and office door-to-door for an election campaign and carried out an advance election campaign.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement of L and M;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (No. 2 and 12 No. 12);

1. Article 254 (2) of the relevant Act and the Act on the Election of Public Officials for the Selection of Punishments, concerning facts constituting an offense;

1. Defendant A who is to suspend the sentence: Fine of 800,000 won, Defendant B: Fine of 500,000 won;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day converted);

1. Reasons for sentencing under Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (The following factors are considered favorable to the Defendants during the period of sentencing)

1. Fines of 50,000 to 4 million won for each of the applicable sentences in law; and

2. The scope of recommended punishment [type 1] [the scope of recommended punishment] on the sentencing criteria [type 1] where the recognition of illegality is significantly weak in violation of the election campaign period [the person subject to special sentencing] [the scope of recommended punishment] 30,000 won to 90,000 won.

3. The crime of this case in relation to the election of the 20th National Assembly members G election campaign, in relation to the election of the 20th National Assembly members, shall interfere with fair competition among the candidates, and shall be overheated in the election.