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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 was a prospective candidate E (candidate) for a political party DD market at the same time once every seven times.
An election secretary may directly carry out the name cards of the preliminary candidate or appeal for support for the preliminary candidate, only when accompanying the preliminary candidate for the election campaign.
Nevertheless, around 09:00 on April 11, 2018, the Defendant issued approximately 80 preliminary candidates E name cards to approximately 80 of the above elderly people who are residents of the constituency, without accompanying with D market preliminary candidates E, at the entrance of the central stairs of the second floor of the GUF building located in GF, GF.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to the police with H;
1. Application of Acts and subordinate statutes to reply to a request for cooperation in the affairs and internal investigation report (in relation to internal investigation with regard to the results of the video reading reading, on-site CCTV reading) to the distribution of name cards;
1. Relevant Article 255 (2) 5 of the Act on the Election of Public Officials and the main sentence of Article 93 (1) of the Act on the Election of Public Officials for the Fact-finding and the Selection of Fines (in all cases, referring to the selection of fines);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of punishment by law: A fine not exceeding four million won;
2. Application of the sentencing guidelines [types] Where the two types (violation of the method of election campaign) [Special Sentencing] of the Act on the Election Campaign Period (Violation of the Method of Election Campaign) are significantly weak (Reduction) and where the degree of violation of the method of election campaign is minor (Reduction)] [the area of recommendation and sentence] Special mitigation area (2.50,000 won to 90,000 won)
3. Determination of sentence: The instant crime of fine of KRW 500,000 was committed by the Defendant without accompanying the prospective candidate, and solely distributed the name cards of the preliminary candidate to the electoral district residents without accompanying the prospective candidate, and that the Act on Election of Public Offices undermines transparency and fairness in election of public officials, which is intended to achieve through strict regulations.