Text
Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates a “C Newspaper” as a special weekly newspaper from March 2011.
No one shall distribute, post, spread, play, or run an advertisement, letter of personnel management, photograph, document, picture, printed matter, recording, video tape, and others similar thereto which indicate the name of a political party in order to influence the election from 180 days (in the case of a special election, the time when the reason for holding the election becomes final) after the election day to the election day, or distribute, affix, spread, show, or run an advertisement, letter of personnel management, photograph, document, picture
Nevertheless, in order to influence the election on October 11, 201, the Defendant posted the advertisement column at the bottom of the first page of the above C Newspaper (Ga 36.8cm x 17.5cm x 5cm) and D party name, D party name, and D party name, and D party name in the name of the National Assembly Dop Dop Dop Dop Dop Dop, which will start Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop, in order to influence the election. The Defendant posted the advertisement column at the bottom of the 8th page advertising column (Ga 36.8cm x 16.5cm Dop Dop x 16.5cm) and distributed approximately 70 copies of the above newspaper to E-Gun E, including E-Gun office on the same day after issuing approximately 2,000 copies of C newspaper.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Examination protocol of the accused by prosecution;
1. The police statement concerning G;
1. Each investigation report (related to the attachment of the C Examination, pages No. 36-38, and pages No. 55-57);
1. Application of the Acts and subordinate statutes on the written accusation;
1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act and Article 255 (2) 5 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination of the defendant and his defense counsel's assertion of provisional payment order under Article 334 (1) of the Criminal Procedure Act is limited to the purpose of recognizing the defendant's publishing an advertisement in a newspaper as a local newspaper.