Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Punishment of the crime

Defendant

A is a person who failed to file a candidate registration on April 13, 2016 because he/she failed to obtain a recommendation from a political party to which he/she belongs, in the Daejeon District for the election of the 20th National Assembly members.

Defendant

B is the birth of Defendant A.

No one shall distribute, post, spread, play, or run an advertisement, letter of personnel management, poster, photograph, document, picture, document, picture, printed matter, recording, video tape or others similar thereto, which contains the contents of supporting, recommending or opposing a political party or candidate (including a person intending to become a candidate), or which indicate the name of a political party or candidate, in order to have an influence on the election from 180 days before the election day to the election day.

In addition, even if a preliminary candidate is a preliminary candidate, name cards shall not be issued at an open place where many people pass or gather, such as inside a religious facility.

Defendants conspired, from around 10:40 to 11:10 on February 21, 2016, the Defendants distributed 120 copies of the name cards on which Defendant A’s photograph, name, career, etc. were printed to the above church in front of the present party branch located in Daejeon F. The Defendant’s photograph, name, and career were printed to the said church.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of H;

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Relevant Articles and 255 (2) 5 and 93 (1) of the Public Official Election Act, and Article 30 of the Criminal Act, respectively;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant B of a suspended sentence: Article 59(1) of the Criminal Act (a fine of 500,000 won for a suspended sentence, a fine of 100,000 won for a day, and a conditions favorable to the reasons for sentencing specified below);

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

1. Defendant A

(a) Scope of applicable sentences under law: Fines of 50,000 to 4,000,000; and

(b)based on the sentencing criteria;