Defendant

A shall be punished by a fine of 800,000 won, and a fine of 600,000 won, respectively.

The above fine is imposed against the Defendants.

Punishment of the crime

Defendant

A was registered on April 11, 2018 in the 7th local election of the 7th local council members of Dong-dong, which was implemented on June 13, 2018, as a preliminary candidate for the E-party of the C-Gu council members, and went away from the competition line, and Defendant B is a person who works as an editing adviser of the F newspaper company.

Except as provided for in the Public Official Election Act, no one shall distribute, spread or post any newspaper that carries articles related to the election by any means other than ordinary methods, and no one shall distribute or spread any newspaper that carries articles related to the election only by keeping it in a senior citizen center or in a public place such as a post office, or by distributing it by means of delivering it to persons who have applied for the subscription to the Gu.

Nevertheless, Defendant A asked Defendant B to put the “H” article on the last page of April 15, 2018, which was published in the “G”, in the apartment mail, and Defendant B, from April 21, 2018 to April 21, 2018, posted the “F” article on the last page, and Defendant B, from around 21:30 on the same day, posted the “F” article on the individual household mail of J apartment with Defendant A, respectively.

As a result, the Defendants conspired to spread the newspaper posted an article about the election in a way other than a normal way.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of K, L, or M;

1. The details of newspaper collection by apartment and by Dong related to the F mail box, photographs, preliminary candidates, registration applications, and the original F newspaper at the time of collection;

1. Application of Acts and subordinate statutes to investigation reports (the schedule of the C-Gu competition district, reporting on the results of confirmation, and reporting on the analysis of CCTV video recording);

1. Relevant Articles 252 (3) and 95 (1) of the Public Official Election Act, and Article 30 of the Criminal Act (generality and choice of each fine) of the same Act concerning 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 334 of the Criminal Procedure Act provides for the provisional payment order.