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 a local public official in the finance and driving of the military office C, and a public official shall not engage in a competition campaign in the police line.

Nevertheless, on March 23, 2018, the Defendant conducted a public opinion poll on local elections from the date of internal election by using the Defendant’s mobile phone in order to make E going to be a candidate for the 7th local election C/Gun party in the competition of the party branch of D Party to be elected at the 7th local election.

On April 5, 2018, the 7th local election head of the Si/Gun sent a text message to the effect that the horse would be a main line. As such, the message was sent to 25 persons, including F, etc., who actively attended a public opinion survey and vote to the proposed candidate. In addition, the message was sent to the 7th local election head of the Si/Gun, as shown in the list of crimes, calling for support for the said E, as the one who was a candidate for the intraparty competition.

Accordingly, the defendant, who is a public official, conducted the 7th local election C&D competition campaign for the above E at the competition line within the party party.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Each investigation report (as a result of the analysis of a mobile phone from a witness, verification of the occupation of the sender of text messages, and arrangement of detailed statements in the currency submitted by the victim);

1. A mobile phone text message from the reference witness;

1. The rules of H organization, detailed statement in currency, and detailed statement in currency; and

1. Application of the relevant witness F mobile phone storage CD-related Acts and subordinate statutes;

1. Article 255 (1) 1, Article 57-6 (1), and Article 60 (1) 4 (Selection of Punishment) of the Act on the Election of Public Officials for the Punishment of Crimes and Selection of Punishment for the Punishment of Crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 scope of punishment by law: Fine not exceeding nine million won;

2. The scope of punishment recommended according to the sentencing guidelines [types] shall be two types of illegal election campaigns (the method of election campaigns).