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
On March 13, 2014, the Defendant is a person commissioned as a member of the Residents' Self-Governing Committee in Bupyeong-gu, Bupyeong-gu, Seoul.
The head of a Tong/Ri/Dong and the members of a residents' autonomous council established in an Eup/Myeon/Dong residents' autonomous council shall not carry out an election campaign.
Nevertheless, around May 20, 2014, the Defendant registered “D” election campaign workers in the E-party candidate F for the National Party in the constituency of Dongcheon-gu National Election 6th nationwide from around 23 to 30th of the same month, and inserted “F for F for F in front of the road of the National Bank Dog, Macheon-gu, Sincheon-gu, Macheon-si, the Defendant brought out the relief, i.e., “F., good one day,” and appealed for F’s support.
Accordingly, although the defendant is a member of the residents' autonomous committee who can not carry out an election campaign, he carried out an election campaign for F who was sent to the candidate for the E-political party of the 6th National Dong-si local election.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. A report on the appointment and replacement of the chief commissioner, election campaign workers;
1. Application of the transaction statement of passbook and the statutes on passbook;
1. Relevant Article 255 (1) 2 and Article 60 (1) 7 of the Public Official Election Act 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: A fine not exceeding six million won;
2. Aggravation of types 2 (Violation of Methods of Election Campaign) [Special Aggravation] and aggravated factors of election campaigns in violation of the election campaign period and illegal election campaigns in accordance with the sentencing guidelines: Where a person commits a crime by using social status or influence [the scope of recommending area and recommendation range] increased area, fine of one million won or a fine of four million won.
3. The crime of this case where the sentence of sentence is determined shall be carried out, as a member of the Residents' Self-Governing Committee, because the defendant has an obligation to observe neutrality in the election process.