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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
The Defendant is sentenced to a fine of three million won for a violation of the Public Official Election Act at the Jeonju District Court on September 6, 2012, and the Defendant is not allowed to carry out an election campaign because he/she has no voting right until five years have passed since the above judgment became final and conclusive.
Nevertheless, around 08:20 on March 13, 2016, the Defendant: (a) distributed name cards of the Defendant, who was a preliminary candidate for the F Special Election of the Governor of Jeollabuk-do, or claimed support from the Defendant; (b) distributed name cards of the Defendant, who was a preliminary candidate for the F Election of the Governor of Jeollabuk-do on April 13, 2016, to the people as indicated in the attached list of crimes until April 7, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. Written accusation by the election commission of the full-time Seoul Special Metropolitan City;
1. Each reply of H, I, J, K, L, M, and N;
1. Decision related to the defendant's violation of the Public Official Election Act;
1. Each report on investigation;
1. Application of CCTV image CDs and on-site photographs statutes;
1. Article 255 (1) 2 of the relevant Act and Article 60 (1) 3 of the Public Official Election Act (or, collectively, the choice of fines) concerning facts constituting an offense and the selection of punishment;
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. Aggravation of types 2 (Violation of Methods of Election Campaign) [In a case where a person has been sentenced to aggravated punishment] of the election campaign in violation of the sentencing guidelines for an election campaign period during the election campaign period, where the person has been sentenced to aggravated punishment on the election day, the decision of the recommended area] of the same previous crimes (including fines) [the decision of the recommended area] of special aggravation [the scope of recommended punishment] one million won to six million won.
3. Determination of sentence: A sentence of a fine not exceeding 2 million won is favorable to the Defendant, with regard to the fact that the Defendant recognized the instant crime and against the mistake thereof; and that there are circumstances to consider the circumstances leading to the instant crime on behalf of the Defendant, who is a preliminary candidate for the by-election of the Governor of Jeollabuk-do.
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