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

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

Punishment of the crime

On June 4, 2014, the defendant sent out as a candidate to the members of the Busan Metropolitan City Council (North Korean constituency) of the C Party at the 6th nationwide election, which was implemented on June 4, 2014, but driven the F election vehicle of E that fell.

No one shall use a loudspeaker system for election campaign, except in cases where it is used for a speech, interview or debate at a place of campaign speech or interview or debate at an open place under the Public Official Election Act, and conduct an election campaign using a tape recorder or video recorder during the election period unless it is provided for in the Public Official Election Act.

Nevertheless, on May 31, 2014, from around 06:40 to around 06:58 of the same day, the Defendant set up a small-scale vehicle with a tape recorder and loudspeaker installed in front of the access road to Busan Northern-gu G, and carried out an election campaign for the above E in a way that the tape recorder and loudspeaker was up a transmission route for the above E’s election campaign.

As a result, the defendant used a loudspeaker system for election campaign in a way that is not prescribed in the Public Official Election Act, and carried out an election campaign using a recorder.

Summary of Evidence

1. Defendant's legal statement;

1. 12 reported matters;

1. Application of Acts and subordinate statutes to each investigation report (as to the confirmation ofCCTV and the hearing of reporter's statements, as to the submission of ro-transmission sound sources, as to the record of ro-transmission);

1. Article 255 (2) 4, Article 91 (1) (a violation of restrictions on the use of loudspeaker systems) of the Public Official Election Act concerning facts constituting an offense, and Articles 255 (2) 6 and 100 (a violation of restrictions on the use of loudspeaker systems) of the Public Official Election Act;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the crime of violating the Public Official Election Act due to a violation of restrictions on the use of heavy loudspeaker systems, of ordinary concurrent crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences] A fine of KRW 50,000 to KRW 4,000 (decision of type] election crimes, and an election campaign period.