Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

On June 4, 2014, the Defendant applied for the presidential election for a candidate for a Si Council member to the E political party in order to go to the Daejeon Si Council member (Seo-gu C and D) at the 6th nationwide local election conducted on June 4, 2014, and registered as a preliminary candidate for the Daejeon Si Council member on March 28, 2014.

No one shall install, display, post or distribute any propaganda materials, such as placards, except those prescribed by the Public Official Election Act, in order to influence the election from 180 days before the election day to the election day.

On April 5, 2014, the Defendant installed 29 banners stating “Preliminary Voting Guidance, Date and time: May 30 to 31 a.m., 6 a.m. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o.,

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes to each photograph, sight tag, and place where a banner is posted;

1. Relevant Articles 256 (3) 1 (h) and 90 (1) 1 of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant’s act of setting up his educational background on a banner does not constitute an evasion of the law with a aim to influence an election, but the Defendant, who asked the election commission prior to the installation of banner, installs a banner according to his answer. As such, the Defendant is under the Public Official Election Act.