Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant was the fifth (2006 to 2010) Busan City Council member.

Except as provided for in the Public Official Election Act, no one shall install, display, post or distribute any placard or other advertisement or facilities with a content by which the name or photograph of a candidate (including a person who intends to be a candidate) may be inferred, or the name of such candidate, in an effort to influence the election from 180 days before the election day to the election day.

피고인은 2012. 3. 6. 22:00경 부산 사상구 D초등학교 앞 교차로 부근 울타리에 「사상구민 우롱하는 젊은 여성 공천 웬말인가!! 사상구민은 분노한다!!!」라는 내용으로 2012. 3. 5. 이루어진 E당의 F 후보 공천을 사상구민들이 반대한다는 의미가 기재된 현수막(가로 약 5미터, 세로 약 90센티미터)을 설치한 것을 비롯하여 별지 범죄일람표 기재와 같이 부산 사상구 일대 5개 장소에 위와 같은 내용의 현수막 5개를 설치하였다.

As a result, the defendant up to five banners stating contents that can be inferred from the name of the candidate in order to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, H, I, J, and K;

1. Seizure records;

1. Notice of communications data and copies of each bankbook;

1. Each photograph, CCTV screen, photograph of the production company of banner, camera, and telephone number;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 256 (2) 1 (h) and 90 (1) 1 of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, posted a banner that can be inferred from the name of the candidate in order to influence the election. In order to ensure the fairness of the election, this act is intended.