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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person registered on January 19, 2016 as a preliminary candidate for the 20th National Assembly member election (hereinafter referred to as “20th National Assembly member election”) of the 20th National Assembly member election (hereinafter referred to as “20th National Assembly member election”) that was held on April 13, 2016.
No person shall make house-to-house visits for an election campaign.
Nevertheless, on January 22, 2016, from around 12:30 to 13:30 on the same day, the Defendant visited 14 offices, including the 1st floor autonomous administration department and office, in turn, at the F Gun Office located in Chungcheong E, in order, from around 12:30 to around 13:30 on the same day, and distributed name cards by asserting support from the 20th presidential election.
Summary of Evidence
1. Partial statement of the defendant;
1. A statement to the effect that all the offices of the Department located in the F military administration have visited the defendant in the protocol of the police statement (Evidence No. 9) against the defendant;
1. Statement of the police statement related to G;
1. A written statement prepared by H;
1. Photographs, internal report (Evidence No. 8), photo (Evidence No. 10), F Gun office CD, investigation report (CCTV verification report);
1. Application of Acts and subordinate statutes;
1. Article 255 of the Act on the Election of Public Officials and Articles 255 (1) 17 and 106 (1) (generally, selection of fines) of the Act on the Election of Public Officials to commit a crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The assertion that no door-to-door visit is applicable;
A. The defendant and his defense counsel visited 14 offices, including the F Gun Office's autonomous administration division and office (hereinafter "each office of this case") as stated in the facts of crime, and distributed name cards to the defendant. However, each office of this case does not constitute "title" as a place where visits for election campaign are prohibited in Article 106 (1) of the Public Official Election Act in that the office of this case is a place where many people, including civil petitioners, are open to the public.
The argument is asserted.
(b) Determination 1) Article 106(1) of the Public Official Election Act provides that “any person shall engage in an election campaign.”