Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person, other than a candidate, his/her spouse, election campaign manager, chief of the election campaign liaison office, election campaign worker, assistant accompanying a candidate and accountant in charge, shall carry out an election campaign using a shoulder belt, cap, label, flag, Maccot, props, or other marks, during the election campaign period.
On April 13, 2016, the Defendant managed the election campaign activities of election workers and volunteers as the head of the E candidate's tax team participating in the D's special election campaign team.
From April 2, 2016 to April 5, 2016, the Defendant had volunteers, H, I, J, K, L, M, etc. wear the same shape and color as that of a volunteer in front of the above E candidate’s election campaign office in the Seoul Special Metropolitan City. From around April 2, 2016, the aforementioned volunteers performed an election campaign for E by wearing the above cap, clothes, etc.
Accordingly, the Defendant, in collusion with the above volunteers, carried out an election campaign using a shoulder belt, cap or clothes with the same shape and color during the election campaign period.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol of the accused by prosecution;
1. Each police interrogation protocol against N orO;
1. Each police statement of P, Q, J, G, H, I, K, M, and L;
1. Accusation against violations of the Public Official Election Act;
1. Each written answer to K, M, L, and R;
1. Each written confirmation issued by H, I, and J;
1. Application of the current status of election campaign workers, volunteers, group photographs, list of election campaign workers and volunteers, report on the replacement of each election campaign worker, application for re-issuance of signs by the election campaign manager, current status of campaign campaign materials for candidates, and Acts and subordinate statutes governing regulating
1. Article 255 (1) 5 and Article 68 (2) of the Public Official Election Act and Article 30 of the Criminal Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act
1. The Defendant’s summary of the assertion is G.