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

The Defendant is a person who engages in the business of manufacturing and installing banner under the trade name of “C”.

No one shall post a banner of a candidate by passing along a road defined in Article 2 of the Road Traffic Act.

Nevertheless, around 01:00 on May 31, 2018, the Defendant posted one banner of candidate H’s election for Gu council members belonging to the Jung-gu Busan Metropolitan City, Jung-gu, Busan, on the roads adjacent to the E community service center located in Busan, and on June 13, 2018, on the 7th anniversary of the simultaneous local election, which was implemented on June 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Each report on internal investigation (including attached materials 3, 4 attached to the evidence list);

1. A report on investigation (including attached materials Serial 10 of the list of evidence);

1. Data and cadastral map of the Gu office among Busan;

1. Application of statutes on site photographs;

1. Article 256 of the Act on the Election of Public Officials and Articles 256 (3) 1 (a) and 67 (3) of the Act on the Election of Public Officials concerning Criminal Facts, and Selection of fines;

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. Scope of applicable sentences: Fines of 50,000 to KRW 4,000,000;

2. The sentencing criteria are not set for the crimes of this case for which the sentencing criteria are not set.

The Defendant violated the method of posting banner under the Public Official Election Act, and installed a banner on the road.

In order to ensure the fairness of the election, this crime is likely to undermine the purpose of the Public Official Election Act that strictly regulates the methods of election campaigns, and affect the right decision-making of the candidates for the election district, so that the responsibility of the defendant is not easy.

However, the Defendant appears to have installed the banner at his own discretion upon the request of the Defendant to post the banner at a conspicuous place, and removed the banner at 2-3 hours from the installed site.

The crime of this case did not actually result in the election.