Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Criminal facts

Except for a candidate, his/her spouse (including one person who is reported by the candidate instead of his/her spouse from among his/her lineal ascendants or descendants), election campaign manager, chief of the election campaign liaison office, election campaign worker, assistant accompanying the candidate, and accountant in charge, he/she shall not carry out an election campaign using shoulder belts, caps and clothes having the same shape and color as the one for the election campaign period, labels, diskettes, props, and other marks.

At around 08:30 on May 24, 2014, the Defendant, along with D’s 6th nationwide local election campaign workers, proposed that “D candidates be affixed” to C-Gun residents who engage in funeral services in the vicinity by putting up 100 meters away from the FF branch of NHF Bank, NHFFF, in the direction of the F branch of NHF Bank, and referring that “D candidates are affixed.”

As a result, even though the defendant is not a D election campaign worker, he carried out an election campaign for D using a ticket, which is an indication object, during the election campaign period.

In addition to the facts charged, the defendant also stated to the effect that "the defendant carried out an election campaign using external slots and caps in the same color as D's uniforms worn by the election campaign members at the time."

However, Articles 255(1)5 and 68(2) of the Public Official Election Act prohibit election campaign workers, other than election campaign workers, from using “a cap or clothes in the same shape and color as that worn by the defendant.” According to field photographs, although it appears that the external input and cap color of the defendant at the time are the same as those worn by D, it is difficult to view that the shape is the same.

Therefore, this part of the facts charged are deleted.

Summary of Evidence

Defendant’s legal statement

Article 255 (1) 5 of the Public Official Election Act ("Public Official Election Act") shall apply to the police officer's statement of the G, the relevant law to the criminal facts of the application of the on-site photographing law, and the selection of punishment.