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

C was a preliminary candidate who belongs to the D political party in the election of the 20th National Assembly members on April 13, 2016, and was launched as a candidate for the intraparty competition in the Changwon E election district.

No one shall wage the competition campaign in any manner other than that provided for in the Public Official Election Act in the intra-party competition for which any political party grants voting rights to members and those who are not members.

On February 16, 2016, at the G office located in the Changwon City F and 105 on February 14:48, 2016, the Defendant, using his mobile phone, resolved to support the candidates for a member of the National Assembly of NFC, which is the larger than 70 operating members of NFC, in the middle of February 15, 201. On February 16, 2016, the Defendant sent text messages in the name of the representative of G, a Standing Representative A, and Mams (m-media messages) containing C’s full-time photo, from 14:46 to 14:48 on the same day, sent Mams 351 of the same content from 14:46 to 14:48.

Accordingly, the defendant conducted a competition campaign in a way other than that prescribed by the Public Official Election Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and H;

1. Application of the Acts and subordinate statutes on photographs and telephone conversations;

1. Relevant Article of facts constituting an offense and Articles 255 (2) 3 and 57-3 (1) of the Public Official Election Act (generality and choice of fines);

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. Scope of punishment by law: A fine not exceeding four million won;

2. Application of the sentencing criteria [Scope of recommending punishment] basic area (referring to a violation of methods of election campaigns) of types 2 during the election campaign period and illegal election campaigns (referring to KRW 700,000 or KRW 2 million).

3. The instant crime of this case’s sentencing decision is that the Defendant carried out an illegal competition campaign by sending multimedia messages that support a specific competition candidate, and this is highly likely to undermine the fairness of the election.