2. B

In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the Labor House for the period calculated by converting each of the 100,000 won into one day.

To order the Defendants to pay an amount of money equivalent to the above fine.

Defendant B was a person who was the head of the election campaign office of F elected by leaving as a candidate for the head of the E-government office to which D party belongs in the 6th nationwide local election conducted on June 4, 2014, and Defendant A was an election campaign worker of the said election campaign office.

No one shall solicit any person to participate in voting, including any content that supports, recommends or oppose a specific political party or candidate, and conduct an election campaign before the close thereof on the election day.

Nevertheless, from June 4, 2014 to June 11:20 on the same day, the Defendants want to make E, at the above F's election office office located in Daejeon G 3rd of the same day, from June 4, 2014 to 11:20 on the same day, “I would like to get E, including “I wish to appeal for the support of the above F,” including “Is cans, I will use the word delivery program,” and “Isn't want to drink? I will you d't drink? I will you you you you have the future of the E.I. The vote accompanied with his family. I would like to divide the pleasure of participation with the two family. I would like to not frequent. I would like to attract inconvenience in the election period, and increase the participation of text messages to the electorate, and I would like to make sure that you will participate in the election of the Republic of Korea. DF 264, I would like to forward to the electorate.

As a result, the Defendants conspired to attract the participation in voting including the support of candidate F, and carried out an election campaign at the same time prior to the close of the election day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and F;

1. Text messages;

1. Application of the statutes on the sending of letters;

1. Article applicable to criminal facts;

Defendants: Articles 254(1) and 30 (Violation of the Election Campaign Period) of the Public Official Election Act; Articles 256(3)3, 58-2(proviso)3, and 30 (Violation of Restriction on Support for Specific Candidates Related to Solicitation to Participate in Voting) of the Public Official Election Act

1. Commercial competition;

Defendants: Articles 40 and 50 of the Criminal Act (Punishments prescribed for a violation of the Public Official Election Act due to a violation of an election campaign period with heavier punishment)

1. Selection of punishment;

Defendants: Selection of each fine

1. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

The Defendants: (a) the crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a case where the chief of the election campaign headquarters or the Defendants, an election campaign worker, send text messages to many people to encourage them to participate in voting including the appeal to support F of the E head of the election campaign; (b) the Public Official Election Act punishing those who have engaged in election campaign on the day of the election is likely to have a direct influence on the choice of voters; (c) the election campaign on the day of the election is likely to be permitted, so it is highly likely that the candidates will exercise their voting rights in an orderly and orderly manner by prohibiting the election campaign and maintaining the peace and coolingness on the day of the election; and (d) the purpose of the crime is to prevent any adverse effect on the elector’s free and reasonable decision-making by the election campaign on the day of the election. However, in light of the fact that the Defendants are contrary to the recognition of the crime of this case; and (d) there is no favorable criminal power in favor of the Defendants; and (d) the Defendants’ age and circumstances after the crime of this case.

Judges Kim Jae-han

Judge Maximum-type