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

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

Punishment of the crime

In the election of the 20th National Assembly member that was implemented on April 13, 2016, the defendant was born as a candidate for the 20th National Assembly member, and was born as a candidate for the 3th National Assembly member.

No one shall be allowed to take measures to support or recommend a candidate without following the provisions of the Public Official Election Act from 180 days before the election day to the election day, or distribute, post, spread, show or post printed matters, etc. indicating the candidate's name, in order to influence the election.

Nevertheless, around 11:05 on January 27, 2016, the Defendant scattered the above D’s name tag at around 136 boxes at the time of 103-106 apartment buildings and elevator advertising board.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to the records of seizure;

1. Relevant legal provisions and Articles 255 (2) 5 and 93 (1) of the Public Official Election Act [the point of distribution, such as documents by unlawful means, and the choice of fines] for criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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 4 million won;

2. The aggravated area of the punishment on the sentencing guidelines (the determination of types) shall be subject to aggravating of a fine of one million won to four million won (the amount of a fine of one million won).

3. Determination of sentence: The crime of this case by a fine of one million won is that the spouse of a preliminary candidate for election of National Assembly members spreads a name to many other parties in violation of the election campaign methods provided for in the Public Official Election Act. Such an act is so likely to impair the purpose of legislation of the Public Official Election Act and affect the free decision-making of voters with respect to voting.