Text
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, which was carried out on June 4, 2014, went to the 6th regular local election foundation candidate (Cpolitical party) at the same time and was elected in the Do election district in Gangnam-gu, Gangnam-do.
On May 8, 2014, the Defendant visited, in order to appeal for support, the F’s house located in the Gangnam-gun E Village, the Defendant visited to appeal for support on May 8, 2014. On May 8, 2014, the Defendant visited the H’s house located in the same military G Village in the same military village to appeal for support, and sought support from J and his/her spouse by stating that he/she “I request for support” on the same day. On the same day, the Defendant visited the J and his/her spouse to appeal for support of the L’s house located in the K Village, and found theO where the N in the M Village was working on the same day, and claimed support from N by stating “N”.
Accordingly, the defendant made a house-to-house visit for an election campaign and carried out an advance election campaign at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of the N and F;
1. Report on internal investigation (to attach photographs of door-to-door visit of the suspect, and resident inquiry, and to K visit visited by the suspect);
1. Application of Acts and subordinate statutes of satellite photographs and recording records;
1. Article 254 (2), Article 255 (1) 17, and Article 106 (1) of the Public Official Election Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Public Official Election Act due to the occupation of a door-to-door visit heavier than the punishment);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of applicable sentences by law: Fines of 50,000 to 6,000,000; and
2. Scope of the recommended punishment according to the sentencing guidelines [decision of type] group of election crimes, violation of the election campaign period and illegal election campaigns, and the degree of violation of types 2 (Violation of Methods of Election Campaign) [Special Mitigation] election campaigns (Scope of recommending punishment] where the degree of violation of methods of election campaigns is insignificant (limited to punishment of a fine of KRW 500,000 to KRW 9 million
3. Determination of sentence: