Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a pastor of the “E church” located in Busan Shipping Daegu D.
No one shall carry out an election campaign for any member of an educational, religious or professional institution, organization, etc. by taking advantage of an official act within the organization.
Nevertheless, with respect to the 19th presidential election held on May 9, 2017, the Defendant expressed about about 40 believers in the distribution of the worship of the above church around February 1, 2017, and expressed about about 40 believers in the distribution of the worship of the church, and “pro-North Korea shall be transferred to the Republic of Korea.”
누가 F 대통령 일 못하게 하고 경제정책을 못하게 만들어 놨습니까
I have the honor to G.
The phrase “,” etc. made a campaign to prevent candidates for G candidates from being elected to the President, and carried out an election campaign on five occasions from around that time to April 9, 2017 in the same way as the list of crimes in the attached Form No. G and H in the same manner to prevent those scheduled to be candidates for G and H from being elected to the President.
Accordingly, the defendant carried out an election campaign against the believers who are members of the church by taking advantage of the official acts of church pastor.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. A report on the investigation by police and the prosecution;
1. Warning against any violation of public official election laws, and report on the result of such violation;
1. Application of the statutes on visual images;
1. Article 255 (1) 9 and Article 85 (3) of the Act on the Election of Public Officials for the Punishment of Crimes and the Selection of Punishment;
2. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in a violation of the Election of Public Officials Act, which is the largest punishment for concurrent crimes).
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.
1. Scope of applicable sentences under law: Fines of 50,000 to 9,000,000;
2. The scope of the recommended punishment according to the sentencing criteria (a type of election shall be decided).