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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Unless one person designated by the candidate, his/her spouse and lineal ascendants or descendants, election campaign manager, election campaign worker and assistant accompanying a candidate, and one person designated by the candidate or his/her spouse, from among persons accompanying the candidate, during the election campaign period, shall not distribute the name cards of the candidate, except where the name cards are directly given to him/her.
Nevertheless, while the Defendant was working as a candidate for Cparty Non-Silcheon City Council member in the 6.4 nationwide elections, the Defendant returned the commercial buildings in F around 20:00 on May 24, 2014 to neglected to go back to the candidate for the above D and Gyeonggi-do Council member, and spreaded the name cards of the above D and E candidates at the entrance of the commercial building, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution concerning D;
1. Each police statement of G and H;
1. A written accusation;
1. Application of each investigation report (current status of I constituency in Bupyeong-si, and whether to register election campaign workers) Acts and subordinate statutes;
1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act concerning facts constituting an offense;
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;
1. The scope of punishment by law: Fine not exceeding 4 million won;
2. Application of the sentencing criteria [decision of type] Election crimes, violation of the election campaign period and illegal election campaigns, and absence of Type 2 (Violation of Methods of Election Campaign) [Scope of Recommendation] No person [limited to a person who has been specially punished] (Article 700,000 won to two million won (basic area].
3. Determination of sentence: The crime of this case is committed against the defendant that a fine not exceeding 2 million won has committed an act that impairs the fairness of election and distorted public opinion by distributing the candidate's name during the election campaign period even though the defendant is not a person who can divide the name alone in an election that should be fair and fair, and that there is no criminal record of suspended execution or more, and the crime of this case is committed.