Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

On June 4, 2014, the Defendant filed a motion to support D preliminary candidates with 508 electors using a telephone call (line number: F) installed in the D election campaign office during the period from April 14, 2014 to April 16, 2014, which had been registered as a preliminary candidate of C Council members of the 6th Dong-si Local Election, and who is not a preliminary candidate himself/herself, was unable to engage in an election campaign using telephone conversations. However, the Defendant filed an appeal with the electorate that “The support for D preliminary candidates was changed because there was a public opinion poll on April 21 and 22” before the election campaign period was not permitted by the Public Official Election Act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H and I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 254 (2) of the Public Official Election Act applicable to the relevant criminal facts and Article 254 (2) of the Act on the Election of Public Officials (excluding punishment);

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won; and

2. Sentencing criteria [Determination of types] Basic area [Determination of the recommended area] 70,000 won to 150,000 won, in violation of Types 1 (Violation of Election Campaign Period) [Determination of the recommended area] and basic area [limited to the scope of recommendation] 70,000 won

3. The sentence of punishment is against the Defendant’s confession of the facts of crime, and the advance election campaign of this case was not carried out at the time of election, and thus did not have a significant influence on the real election, and the Defendant did not have any criminal power, considering favorable circumstances, and the punishment as ordered is determined in consideration of all the sentencing conditions shown in the arguments of this case, including the Defendant’s age, character and conduct, family environment, etc.