Text
Defendant shall be punished by a fine of 1.5 million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Criminal facts
Defendant was a candidate in preparation for a election district C in the 20th National Assembly member election, implemented April 13, 2016.
D is the spouse of D.
around 18:10 on March 27, 2016, the Defendant visited 705 sick rooms of F Hospital E in South Korea, and talked that she would easily request the patient G to carry out an election campaign by visiting 707, 703, 701, 709, 608, 601, 602, 605, 603, 603, 508, 509, 501, 502, 507, 506, 506, 507, 506, 506, and 505, and 37,000 for the election campaign at the same time prior to the election campaign period.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to G, H and I;
1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;
1. Article 255 (1) 17, Article 106 (1) (a) of the Act on the Election of Public Officials and Article 254 (2) of the Public Official Election Act concerning facts constituting an offense, and Article 255 (1) 17, Article 106 (2) of the same Act (a prior election campaign);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a person who violates the Election Act of Public Officials by visiting a door, the statutory penalty of which is heavier);
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. The range of punishment by a fine not exceeding six million won;
2. The application of the sentencing guidelines [type determination]; election crimes; illegal election campaigns in violation of the election campaign period; and types 2 (Violation of Method of Election Campaign) [person with special sentencing] where the degree of violation of the method of election campaign is insignificant (reduction, act); or where they are intended for unspecified parties or for many unspecified parties, or have repeatedly committed (increased, act) during a considerable period of time (the scope of recommending punishment] penalty of KRW 700,000 or KRW 2 million.
3. Determination of sentence and the reasons therefor;
(a) Sentence of a fine: 1.5 million won;
B. The Defendant’s crime with reason will impair the fairness and transparency of the election.