The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 900,000.

The defendant above.

1. Summary of grounds for appeal;

A. The punishment of the lower court (one million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant, as a preliminary candidate for the 7th National Dong-dong Local Election E market, distributed orders to many unspecified religious facilities in violation of the methods of election campaigns stipulated in the Public Official Election Act. This is because the legislative purpose of the Public Official Election Act is to prevent unfair competition among candidates for public office and to ensure the fairness of election, and thus, the Defendant’s liability is not weak.

On May 9, 2018, the Defendant prepared and distributed a name tag of a preliminary candidate, etc. to the Election Commission immediately after the crime was committed, and received a notice on the provisions of the Public Official Election Act (No. 42 to 46 pages of evidence records). The above notice provided that the distribution of name cards in a religious facility is prohibited, but it again committed the same crime on May 13, 2018.

These circumstances are disadvantageous to the defendant.

On the other hand, however, the Defendant was aware of all the crimes of this case and reflects his fault in depth.

The defendant is an initial offender who has no record of criminal punishment, including crimes of the same kind of Public Official Election Act.

The legislative intent of the Public Official Election Act prohibiting a preliminary candidate from distributing name cards to religious facilities, etc. is to prevent a preliminary candidate from imposing an economic burden on the preliminary candidate and from passing an election early. The name cards distributed by the defendant to the crime of this case are only approximately KRW 130, and in particular, about 10, the name cards distributed through the crime of May 13, 201 are merely about KRW 10.

The instant crime is committed on or before June 13, 2018, the election day.