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

The defendant is an election clerk who operates a candidate E for a candidate for a political party in the constituency C at the 7th simultaneous local election.

No person shall use a precise device for an election campaign, or conduct an election campaign using a motor vehicle, except in cases where it is used for a speech, interview or debate at an open place under the Election of Public Officials Act.

Nevertheless, around 20:00 on June 10, 2018, the Defendant: (a) parked G Poter freight cars for E candidate’s election in the F three-distance roadside at the time of the Eup/Myeon, and (b) broadcasted the E candidate’s election campaign by using a video device installed in the said detailed vehicle and a spacker, which is a high device, to broadcast the video and singing for E candidate’s election campaign by up to 23:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to detect and report the violation of the Public Official Election Act, on-site photographs, and report on internal affairs (attached to photographs by capturing images using a studio vehicle);

1. Article 255 (2) 4 of the Act on the Election of Public Officials and Articles 255 (2) 4 and 91 (1) of the Act on the Election of Public Officials for Criminal Facts, Article 255 (2) 4 and the main sentence of Article 91 (3) of the Public Official Election Act (a violation of restrictions on the use of automobiles);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a violation of the Public Official Election Act due to a violation of restrictions on the use of sexual devices heavier than the nature of the crime);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding four million won;

2. Application of the sentencing criteria [types] There is no two types (violation of the method of election campaign) (violation of any violation of the method of election campaign) (special sentencing) (the recommended territory and sentence] of the election campaign period (the punishment amount shall be KRW 700,000 or KRW 2 million).

3. Determination of sentence: The criminal act in this case requires a fine of KRW 80,000,00 to be established by the defendant on cargo in violation of the provisions of the Public Official Election Act.