Defendant shall be punished by a fine of KRW 800,000.

The defendant does not pay a fine.

2. Determination of the Public Official Election Act aims to ensure the legitimacy of state power and contribute to the development of democratic politics by preventing any malpractice related to the election that is held fairly in accordance with the free will of the people and democratic procedures, and thus, it is necessary to impose strict liability for the offense, and the Defendant has previously been sentenced to a fine of KRW 50,000 as a result of a prior election campaign, which is disadvantageous to the Defendant.

However, the crime of this case, although it is a preliminary candidate in the local election at the same time, entered the false fact, and promulgated false facts by posting 19 banners of advance polling campaign, which account for 2/3 of banners prior to the election period, and simultaneously making an advance election campaign. The degree of publication of false facts or advance election campaign is relatively minor and the possibility of criticism is relatively low. The court below held that according to the general principles, the elements of the criminal act of the same kind of criminal record do not offset the act elements, but it is necessary to consider the criminal act of this case as a sentencing factor to the degree corresponding to the act elements. According to the sentencing guidelines, even if the crime of this case is committed in violation of the Public Official Election Act, it is deemed appropriate to apply the mitigated range which is not the basic area applied by the court below to the crime of this case. The defendant could have been a candidate's status according to the defendant's will after it was a preliminary candidate of the local political party at the time, and the defendant is also able to serve the local community as a successful candidate at home in the future.