Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a reporter working in the news gathering headquarters B.

No one shall advertise literary works, entertainment, drama, motion picture, photographs and other articles showing the name of a political party or candidate by means not prescribed in the Public Official Election Act from 90 days before the election day to the election day, and no one shall conduct an election campaign by means of various printed materials, newspapers, newspapers, news communications, magazines and other publications, meetings, debate meetings, alumni meetings, alumni meetings, neighbors' meetings, other assemblies, information and communications, the establishment of an election organization or private organization, door-to-door visits and other methods, except those prescribed by the Public Official Election Act prior to the election period.

Nevertheless, the Defendant, on June 13, 2018, published “E-election campaign advertisement” free of charge, where the name of the political party G and the preliminary candidate E, was presented in the F press on April 11, 2018, in view of the intention to help E as the preliminary candidate for a member of the 7th simultaneous local election D local council nationwide.

Accordingly, the defendant made an advertisement indicating the name of the political party or candidate, and carried out an election campaign for E prior to the election campaign period.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial entry of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the police with H;

1. Application of the F press press list, each I's transmission photograph, investigation report (E voting result report), April 11, 2018 of the Act and subordinate statutes in question.

1. Article 255 (2) 5 of the Act on the Election of Public Officials and Article 93 (2) (the occupation of an election campaign by unlawful means) concerning facts constituting an offense, and Article 254 (2) of the Act on the Election of Public Officials;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on a violation of the Public Official Election Act due to an election campaign by any method heavier than the nature of the crime);

1. Selection of an alternative fine for punishment;

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 summary of the claim.