Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is a person driving a D election vehicle of the candidate B of the political party C in the 19th presidential election that was implemented on May 9, 2017.

No one shall use a precise device for an election campaign, except in cases where it is used for a speech, interview or debate at the place of a campaign speech, interview or debate at an open place under the Election of Public Officials Act, or at the places of an interview or debate, and conduct an election campaign using a tape recorder or video recorder during the election period without observing the provisions of the Election of Public Officials Act.

Nevertheless, the Defendant, from around 06:00 on April 18, 2017 to around 06:33 on the same day, was driving a lux vehicle located in Nowon-gu in Seoul Special Metropolitan City, which is equipped with video and audio equipment from the department store distance to the road in front of the building in the same KT and broadcast the promotional video of the C candidate.

As a result, the defendant used a positive device for election campaign in a way that does not follow the provisions of the Public Official Election Act, and carried out an election campaign using a recorder and video recorder.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 255 (2) 4 of the relevant Act and Articles 255 (2) 4, 91 (1) (the fact of violating the restrictions on the use of precise devices, the selection of fines) concerning facts constituting an offense, and Articles 255 (2) 6 and 100 of the Public Official Election Act (the fact of violating the restrictions on the use of sound recording, the selection of fines);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a violation of the Public Official Election Act due to a violation of a violation of a restriction on the use of precise devices heavier than the quality of the crime);

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. The range of punishment by a fine not exceeding 6,00,000 won;

2. Scope of the punishment recommended, fine of KRW 700,000 Above KRW 3,00,000 (basic sphere); and

3. Determination of sentence: