Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

The defendant is a C Council member, and F's election affairs registered as a candidate for E party in the constituency of the 20th National Assembly member on April 13, 2016.

No one shall carry out an election campaign before the voting ends on the election day.

Nevertheless, in order to encourage the voting of the above F on April 13, 2016, the election day, around 10:09, G, 111 Dong 403, the Defendant, using the Defendant’s mobile phone, sent the Defendant’s mobile phone with H’s cell phone text messages stating that “I will observe today’s wishes and desire for active bidD, as well as I will am in the beginning of the day,” and that “I would like to go back with the Defendant’s cell phone,” and that I would like to appeal for F’s support by sending the same text message to the total 200 voters of the above constituency.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the statutes on photographs of each mobile phone, details of telephone calls, and details of telephone calls;

1. Article 254 (1) of the relevant Act concerning facts constituting an offense and Article 254 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fine not exceeding three million won;

2. Application of the sentencing criteria [type] / [Determination of type] Gun of election crimes, illegal election campaigns in violation of the election campaign period, and violation of the election campaign period (type 1) [the area of recommendation and the scope of recommended punishment] [the basic area of recommendation and the scope of recommended punishment], 70,000 won to 15 million won.

3. Determination of sentence: A defendant conducts an election campaign in violation of the election campaign period as provided in the Public Official Election Act in relation to the crime of this case with a fine of KRW 80,000,000, and such act damages the legislative intent of the Public Official Election Act and makes a free decision with respect to voting by the voters.