Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant, with respect to the 7th local election implemented on June 13, 2018, was a person who carried out an election campaign for the purpose of election of the above E in the position of the Chairperson at the election campaign office of the E candidate called Daejeon under the jurisdiction of the political party C, since he was going to Daejeon D.

No one shall distribute, post, spread, show or run an advertisement, letter of personnel management, poster, photograph, document, drawing or printed matter, which contains contents of recommending or opposing a political party or candidate, or which indicates the name of a political party or candidate, with the aim of influencing the election from 180 days before the election day to the election day, or which indicates the name of a political party or candidate.

그럼에도 불구하고 피고인은 2018. 6. 9. 11:00 경부터 15:00 경까지 대전 F 일대에서, ‘ 이제! 바꿉시다,

C Party D candidate E distributed 178 copies, stating the contents of “Party D candidate E”, by putting them in each household’s mail box or gate gap.

Accordingly, the defendant distributed a document indicating the name of the candidate in order to influence the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of the photograph (Evidence of a stamped) photograph, photograph related to the distribution of name cards, photograph of the person suspected of submitting the name cards, the letter of appointment of the person suspected of committing the crime, copies of passbooks, telephone call details, investigation report (E name cards producer and telephone conversations with the E candidate), and the Acts and subordinate statutes of recovered name cards;

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Article 255 (2) 5 and Article 93 (2) of the Election of Public Officials;

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 by law: Fines of 50,000 to 4,000,000; and

2. The scope of the recommended punishment according to the sentencing guidelines [type determination] There is no type 2 (Violation of the Method of Election Campaign) [the scope of the recommended punishment] (the scope of the recommended punishment either KRW 700,000 or KRW 2,000,000 (basic area)].