Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the spouse of I who was elected by leaving the election district D (E,F, and G) in Seoul Special Metropolitan City Council member's constituency (E, F, and G) that was implemented on June 13, 2018 as a candidate for H party belonging to H party.

No one shall distribute, post, display, display, or post any advertisement, letter of personnel management, poster, photograph, document, drawing, printed matter, recording tape, or other similar things, which contains contents supporting, recommending, or opposing a political party or candidate (including a person intending to become a candidate) with the intention of influencing the election from 180 days before the election day to the election day, or which indicates the name of a political party or candidate's name, or distribute, post, distribute, broadcast, distribute, or display any printed matter, or record tape or any other similar things, and in cases of distribution of name cards, it is permitted only to directly give (preliminary) the name of a candidate, his spouse of the candidate, lineal ascendant or descendant, etc.

Nevertheless, on May 7, 2018, around 10:30 to 12:00, the Defendant placed I’s name tag 70 to 80, stating “L” at the house near K, including Seoul J, in front of the gate, put the above house in front of the gate, put it in the crepan, or put it in the mail box for each household.

As a result, the Defendant distributed and scattered the name cards of the candidate in a manner not stipulated in the Public Official Election Act to influence the election between 180 days before the election day and 180 days before the election day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of internal investigation reports (on-site exploration, etc.), well-known removal photographs, ctv video photographic Acts and subordinate statutes;

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Article 255 (2) 5 and Article 93 (2) of the Election of Public Officials;

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Scope of punishment by law: Fines of not less than 50,000 won but not more than 4 million won;

2. Scope of a recommended sentence based on the application of the sentencing guidelines: The basic area (a) (a person in charge of special sentencing is either KRW 700,000 or KRW 2 million) of the basic area (a person in charge of special sentencing) of a fine of KRW 700,00 and KRW 2 million (the scope of a recommended sentence) in violation of the election campaign period.