A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Except for an act of directly giving the name of a candidate, from among those accompanying him/her, a candidate, his/her spouse, lineal ascendants or descendants, a candidate or his/her spouse during an election campaign period from 180 days before the election day to the election day, no one shall distribute, post, spread, show or post an advertisement, personnel record, poster, photograph, document, picture, picture, printed matter, etc. which includes the name of a political party or candidate, or which indicates the name of a political party or candidate.

Nevertheless, the Defendant, carried out on June 4, 2014, in order to have an influence on the election of the 6th election district of the C-Si council member of the 6th local election, kept the name of G (H party) registered as a preliminary candidate for the election in the above constituency, educational background, career, etc. on the calculation unit of the “F-cafeteria” in the Defendant’s operation from the end of March 2014 to April 3, 2014, and distributed it to the said restaurant in a manner that the said restaurant will bring about its customers.

Summary of Evidence

1. Defendant's legal statement;

1. Name cards;

1. Application of statutes on site photographs;

1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act applicable to the relevant 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fines of 50,000 to 4,000,000; and

2. Where the degree of violation of the sentencing criteria [Scope of recommending punishment] is minor in the area to be mitigated (at least 500,000 won to 90,000 won) (at least 500,000 won to 90,000 won) for election campaign in violation of types 2 (Violation of Methods of Election Campaign) during the election campaign

3. Determination of sentence: The purpose of legislation of the Public Official Election Act that strictly regulates the methods of election campaigns for the fairness of the election.