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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is the father of C who is a candidate for the election district B for the 21st National Assembly member election.

No one shall distribute, post, spread, play, or run any advertisement, letter of personnel management, poster, photograph, document, picture, picture, printed matter, printed matter, recording, video tape or others similar thereto which include contents of support, recommendation or opposition to a political party or candidate, or which indicate the name of a political party or candidate's name, in order to influence an election from 180 days before the election day to the election day.

Nevertheless, at around 17:52 on April 10, 2020, the Defendant spreaded C’s 101 name cards to the windows of vehicles parked around D by sticking them at the same place on November 18:35 of the same month, and distributed 31 name cards in the same manner at the same time and around 08:10 of the same month.

Accordingly, the defendant spreaded printed matters indicating the candidate's name to influence the election from 180 days before the election day to the election day, not according to the Public Official Election Act.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as police protocol of statement of the suspect F by the police concerning the defendant in the interrogation protocol of the defendant in the court room, notification of investigation data on the list of seizure, internal investigation report, CCTV photographs, etc.;

1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act ( comprehensively including, but not limited to, fines for criminal facts on each date);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse and Article 48(1)1 of the Criminal Act;

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

1. The scope of punishment by law: Fine not exceeding 6 million won;

2. Scope of recommendations and punishments for the sentencing criteria (determination of types) shall be limited to the election crimes; and