Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant, while supporting the candidates for C Party D in connection with the 18th presidential election, had expressed a writing to the effect that he cast his vote to D candidates.

1. On December 19, 2012, the 18th presidential election day, the Defendant inserted the Defendant’s name “F” into the Defendant’s Facebook (F) using a cell phone device at the Defendant’s home located in Seongbuk-gu, Sungnam-si, Sungnam-si.

2. At around 08:17 on the same day, the Defendant inserted in the same manner in the same place, stating, “If multiple persons belong to one time, they shall be bad feas. However, if they belong to two times, they shall be the one.”

Accordingly, the Defendant carried out an election campaign before the voting ends.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the accused of preparing an assistant prosecutorial police officer;

1. Investigation report (a summary of suspect A's statement);

1. Application of Acts and subordinate statutes by cutting down the screen of the Facebook;

1. Relevant provisions of the Act and Article 254 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

2. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (limited to concurrent crimes with punishment prescribed in a crime of violating the Public Official Election Act around December 19, 2012, with heavy circumstances)

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant posted the same phrase as the facts charged on the election day of the 18th presidential election day on his page, but it is difficult to view it as an election campaign merely because it merely expresses the Defendant’s intention on the election.

Even if the above act constitutes an election campaign, the defendant did not have any criminal intent or did not recognize the illegality of the act because he did not know that the act constitutes an election campaign subject to the Public Official Election Act.