A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is the representative of the branch of the Korea Construction Workers' Union C D branch of the D branch.

No one shall conduct an election campaign in any manner other than those prescribed by the Public Official Election Act prior to an election campaign period.

Nevertheless, on April 13, 2017, the 19th presidential election campaign period prior to the election campaign period, the Defendant held the above branch office E around 18:30 on April 13, 2017, and held the above branch office for four-month regular meetings, and distributed the brochures to the union members attending the above branch office by keeping the 10th presidential election campaign speech acceptance of the 19th presidential candidate candidate for FG political party at the entrance of the above branch office.

Accordingly, the Defendant carried out an election campaign prior to the election campaign period for the 19th presidential election.

Summary of Evidence

1. The defendant's legal statement;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police with H (part)

1. Major schedule for the 19th presidential election, the election day of the 19th presidential election, and the list of candidates for the 19th presidential election;

1. Photographs;

1. Application of Acts and subordinate statutes on brochures;

1. Article 254 (2) of the relevant Act concerning facts constituting a crime and Article 254 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Recognizing that the alleged defendant has installed brochures in the Trade Union and Labor Relations Office with the summary and pledge of the F candidate, as stated in its reasoning, it does not constitute an election campaign under the Act on the Election of Public Officials and the Election of Public Officials, as an ordinary party activity or ordinary courtesy trade union’s educational activities, and the defendant did not have an intention

2. Determination

A. The main text of Article 58(1) of the Election of Public Officials Act provides that “an election campaign means an act to make, or not to make, a person elected” means an act to make, or not to be elected.”