Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

No election campaign shall be carried out prior to the close of election day.

Nevertheless, on April 13, 2016, from around 10:52 to 11:42 of the same day, the Defendant sent text messages to 142 persons, including F, using a cell phone in the name of the Defendant at the election campaign office of the 20th general candidate E for the 20th general candidate in Seoul, using a cell phone in the name of the Defendant at the election campaign office of the 142 candidate E for the 20th general candidate in Seoul.

Accordingly, the Defendant carried out an election campaign before 18:00, the close of the election day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in relation to H;

1. Statement of investigation report (related to digital sirens, results and analysis), and writing of text output of analysis;

1. Application of video-related Acts and subordinate statutes to a closed letter;

1. Article 254 (1) of the Public Official Election Act (referring to generality and choice of fines) concerning criminal facts;

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

2. Scope of recommending punishment based on the sentencing guidelines: No type 1 (violation of an election campaign in violation of the election campaign period) exists (limited to a person specially charged] (Scope of recommending punishment), basic area, fine of KRW 70,000 to KRW 1.5 million (limited to a decision on a type).

3. Determination of sentence: The Defendant carried out an election campaign by sending text messages to the effect that a fine of KRW 700,000 is appealed to many people on the election day.

The election campaign on the day of election is likely to have the direct influence on the choice of eligible voters, so it is highly likely that the election campaign will be carried out indisrushly by candidates, so the Public Official Election Act shall exercise its voting rights by maintaining the peace and cooling of the election day.