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Defendant shall be punished by a fine of three million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
The defendant is an issuer of F Newspapers, which is issued for C, D, and E areas.
Except as provided for in the Public Official Election Act, no one shall distribute, spread, post, or affix any newspaper, communication, magazine, or organ or other publication of any institution, organization, or facility, which carries an article about an election, in a way other than ordinary ways, or reproduce such article to distribute, spread, post, or affix it.
Between May 6, 2013 and April 7, 2014, the Defendant sent an average of 200 copies of the F newspaper to C-Gun residents, including C-Gun residents, who reside in P, around April 9, 2014. However, around April 9, 2014, the Defendant sent an average of 651 copies of the F newspaper to C-Gun residents, including C-Gun residents, who reside in P, located in C-Gun.
The newspaper was published with respect to “U’s occupancy in the area C by the head of T, who was the 6th nationwide local election of the head of T, the preliminary candidate of the 20th regional election of the 20th regional election,” under the title “U fraud, i.e., the damage of 50 million military people,” the police, and the suspicion of occupational breach of trust,” “A military forces,” and “C-gun, who caused enormous damage to ordinary people, paid subsidies of KRW 1138,000,000,000 which is pure military expenditure. C-gun, was discharged from liability for waste of the military blood transfusion.”
The Defendant distributed 4,654 copies of the newspaper on which an article related to the election was posted in a way other than ordinary ways, and distributed 4,654 copies of the newspaper on which an article related to the election was posted four times in total, as shown in the attached list of crimes.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes concerning requests for investigations, records of the receipt of newspapers and post offices, monthly number of receptions of periodicals, investigation reports (reports on attachment of lists of mail carriers), and lists of mail carriers;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;