공직선거법위반
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is an election campaign worker and person who is an election campaign worker and person who is an election campaign worker of candidate D Party E in the presidential election for the first half of 2014.
Only one person designated by the candidate and his/her spouse, lineal ascendants and descendants, and one person designated by the candidate, from among the election campaign managers and election campaign workers accompanying the candidate, and persons accompanying the candidate, during the election campaign period, may directly name the name of the candidate to electors.
Nevertheless, on July 26, 2014, from around 23:00 to around 00:05 on the following day, the Defendant distributed approximately KRW 150 of the E candidate’s name cards on the window of a parked vehicle, such as G, H, and I, which was parked on the street while returning to the daily source.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Removal as a certified copy, certified copy of resident registration, request for cooperation in investigation, reply to a request for cooperation in investigation, list of campaign workers registered in candidates E in the C constituency, and guidance on the crime area;
1. Application of Acts and subordinate statutes to each investigation report (Evidence List 9-13);
1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act and Article 30 of the Criminal Act concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: Fine not exceeding 4 million won;
2. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] shall be limited to the basic area (the amount of KRW 700,000 or KRW 2 million) (the amount of KRW 700,000 or KRW 2 million) for the election campaign period, in violation of types 2 (Methods of Election Campaign).
3. The crime of this case committed in order to ensure the fairness of the election is likely to undermine the purpose of legislation of the Public Official Election Act that strictly regulates the methods of election campaign in order to ensure the fairness of the election, and there is a risk of undermining the fairness of election by affecting the right decision-making or decision-making of candidates.