Text
The sentence of sentence against the defendant shall be suspended.
Two speets (No. 1) seized shall be confiscated.
Reasons
Punishment of the crime
No one shall install, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising balloon, other advertising tower, advertising material or facilities, in order to have an influence on the election from 180 days before the election day to the election day.
Nevertheless, from around 08:30 on November 27, 2012 to around 09:10 on the same day, the Defendant cited a paperet (Evidence No. 1) stating that the Defendant’s fluorial confusion between the Democratic Investmenters, i.e., the Defendant, i., in the Seoul East-dong 122, Jungdong-gu, Seoul, Seoul, “Churi Dop” and “Dpung Dopung Dok Dopp. DOUT.” and cited a paperet (Evidence No. 1) against C and D candidates.
Accordingly, the defendant posted advertisements to influence the election from 180 days before the election day to the election day.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The police statement concerning F;
1. Each statement of G and H;
1. Application of Acts and subordinate statutes on police seizure records;
1. Relevant Articles 256 (2) 1 (h) and 90 (1) 1 of the Public Official Election Act concerning criminal facts and the selection of punishment;
1. Penalty fine of 500,000 won to be suspended;
1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;
1. Article 59(1) of the Criminal Act of the Suspension of Sentence (The following factors of sentencing are considered as favorable for the reasons of sentencing);
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) the Defendant recognized all of the instant crimes in this court; and (b) the Defendant took a kniveket that slanders a specific political party and candidate in order to influence the election; and (c) although there are many dynamic populations, it does not seem that such an act of the Defendant had any particular influence on the election result; and (d) the Defendant continued to receive medical treatment from the day prior to the instant crime due to the increase of stimulative disorder until the date of the instant crime.