Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who is serving as the chief security office in Kimpo-si D Apartment-si, Kimpo-si.

At around 15:00 to 16:30 on July 15, 2014, the Defendant collected a total of 239 promotional items for the preliminary candidate F belonging to the E Party, which is scheduled to go out, from a special election for the National Assembly members of Kimpo-si, and laid off at the guard room and apartment recycling room, when the Defendant received each household mail installed in the same apartment house 201, 202, 203, 204, 205, 207.

As a result, the Defendant interfered with the freedom of election by preventing F from being delivered to voters by collecting election campaign material dispatched by F for election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H and I;

1. An application for registration of F preliminary candidates, an application for registration of candidate, and a report on the dispatch of campaign material of preliminary candidates;

1. On-site photographs and caps of dynamic images;

1. Application of Acts and subordinate statutes to report damage to promotional materials of National Assembly members;

1. Article 237 (1) 2 of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 applicable sentences: Fines of 2.5 million won to 15 million won;

2. Determination of sentence: The crime of this case, which is a fine of KRW 3 million, is committed by the Defendant, who is a security guard, collects and destroys a specific candidate’s election campaign material that is stuck in the receipt of the post by each apartment unit. The crime of this case is committed in view of the fact that the public election, which is the basis of democratic politics, is committed fairly in accordance with the free will of the people and democratic procedures, and prevents any malpractice related to the election, thereby securing the legitimacy of state power and contributing to the maintenance and development of democratic politics under the Public Official Election Act.