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

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

Punishment of the crime

The defendant was registered as a candidate C in Gwangju Metropolitan City C candidate in relation to the 7th local election implemented on June 13, 2018.

No one shall distribute name cards, etc. indicating the name of a person who wishes to be a candidate, in contravention of the provisions of the Election of Public Offices Act, in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, around 03:05 on June 2, 2018, the Defendant placed 119 copies of the name cards including the name, photograph, career, etc. of the above D (8.5cm in width, 5cm in length) in each household mail, around 03:05, from 101 to 107, respectively.

Accordingly, the defendant distributed the name of the person who wants to be a candidate to influence the election.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site control and photographing photographs (No. 4 No. 5 of the evidence list);

1. A report, such as a chief executive officer (No. 13 No. 13 of evidence list);

1. Application of CCTV images (Evidence No. 29)-related Acts and subordinate statutes;

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Article 255 (2) 5 and Article 93 (2) of the Election of Public Officials;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 40 million won;

2. Scope of the recommended punishment on the sentencing criteria [types] basic area (limited to a decision on the area of recommendation and the scope of the recommended punishment] of the two types (violation of methods of election campaign) (limited to a violation of methods of election campaign) in violation of the election campaign period, which is in violation of the election campaign period.

3. The crime of this case by which the defendant, in violation of the method of election campaign as provided in the Public Official Election Act, distributed the name of the candidate by mail for each household of the apartment that he lives, and the crime is committed in consideration of the purpose of the Public Official Election Act for preventing an excessive election and conducting a fair election.