Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who was an election campaign manager of D, a preliminary candidate for the National Assembly member of the 20th National Assembly.
No one shall distribute, post, spread, show or run an advertisement, letter of personnel management, poster, photograph, document, drawing, drawing, printed matter or recording tape, video tape and others similar thereto, which contain the contents of supporting, recommending or opposing a political party or candidate (including a person who intends to become a candidate), or which indicate the name of a political party or candidate, with the aim of influencing an election from 180 days before the election day to the election day.
Nevertheless, on December 31, 2015, in order to influence the election of the National Assembly members of the 20th National Assembly at a post office permanently located in Sungdong on December 31, 2015, the Defendant: (a) placed a new year subcontractor in the name of “D Preliminary Candidates for National Assembly Members at the time of permanent stay in the E Party” with D’s face pictures printed on “D Preliminary Candidate for National Assembly Members at the time of permanent stay in the E Party”; and (b) distributed the said documents four times until February 3, 2016 to the electorate of 3,852 electorates of the 3,852 electorates of the 12,483 electorates of the NA, such as F.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Examination of suspect suspect regarding D by the prosecution;
1. Each prosecutor's statement concerning G, H, I, J, K, and L;
1. Each police statement of M, F, N, andO;
1. Each investigation report (No. 5, 7, 11 through 13, 15 through 20, 24, 27, 43 No. 5 of the evidence list);
1. The application of the regulations on the standards for the operation of the station chief, the list of election campaign workers, the standards for the operation of the office chief, and
1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act (generality and choice of fines) concerning criminal facts and the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.