공직선거법위반
206Gohap348 Violation of the Public Official Election Act
1. ○○○ or a former member of the council;
Seo-gu, Seo-gu
2. A static, non-permanent, or non-permanent;
Seo-gu, Seo-gu 3 Dong
3. Kim○-○, or non-permanent;
Residence Mine-gu Songju-dong
Kim Yoon-Jon
October 25, 2006
Defendant ○○ is punished by a fine of KRW 1,500,000, by a fine of KRW 800,000, by a fine of KRW 1,000, and by a fine of KRW 1,00,000, respectively.
If the Defendants did not pay each of the above fines, each of the above fines of KRW 50,000 was converted into one day, the Defendants shall be confined to the Labor House.
Defendant ○○ was a preliminary candidate for the head of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul District Election, and Defendant Kim○-○ was an election campaign worker under this title, and Defendant 1 was a preliminary candidate for the Dong-gu, Seo-gu, Seo-gu, Seoul District Election, and Defendant Kim○, which was implemented on May 31, 2006. Although the competition campaign was prohibited for transmitting a large amount of text messages using the Internet site for sending text messages on a mobile phone under the Public Official Election Act, in the intra-party competition, which was conducted by giving voting rights to party members and non-party members during the process of the intra-party competition, Defendant 1.
On March 23, 2006, at around 17:26, 17:26, Defendant Lee Dong-dong, Seo-gu, Gwangju. Defendant Lee Dong-dong, Inc.: (a) instructed Defendant Kim○-dong to send text messages to Defendant Kim○ by delivering an accelerator file in which the addresses of electors, such as a democratic party roster, etc. were entered; (b) Defendant Kim○-○, using computers connected to the Internet exclusive line, provided mobile phone text messages dispatch services by using the computers connected to the Internet exclusive line (htp://Wwwwsk.co.k.co.). After accessing the account opened in the name of Defendant Kim○-dong, Kim○-dong, Seo-gu, Gwangju to register as a preliminary candidate for the intra-party election, Defendant Lee Jong-dong, Seo-gu, Gwangju. Nonindicted ○○-dong, Inc. (hereinafter referred to as “○○○○○”). From around 19,524 cell phone numbers entered in the above list of addresses; and (c) from around 2006 to April 14, 2016.
2. Defendant 1, 2, and 3, in collusion, Defendant 1, 2, and 3
At around 11:13 on April 17, 2006, at the above election office in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, Defendant Jung-gu, asked Defendant Jong-gu to send text messages to Defendant Kim○, Defendant Kim○-○, Defendant Kim○, by linking IMS link (htp:/www. Slink.co.c.K) to the account Afafuse which was subscribed to Defendant Kim○○’s name and “a democratic party opinion is in progress. Many participations are going. The text messages of the Seo-gu, Seo-gu, Seoul, Preliminary Preliminary Preliminary Preliminary ○○○○○ is sent in a lump sum using 19,524 cell phone numbers, which are entered in the above address register, and was engaged in an intraparty competition campaign in a way that is not prescribed in the Public Official Election Act.
Summary of Evidence
1. Defendants’ respective legal statements
1. Notice of telecommunications data (related to 5699), inquiry into, and reply to, communications data (related to 5829), subscriber information, text transmission details (including connection routes), settlement details, inquiry into, and inquiry into, communications data (related to 6119), and recording the results of transmission to the suspect's account;
1. The image of a photograph of text messages received;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 255(2)3 and 57-3(1) of the Public Official Election Act, Article 30 (Selection of Fine) of the Criminal Act
1. Aggravation for concurrent crimes;
Defendant Lee ○-○ and Kim ○: The former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Act (aggravating concurrent crimes with punishment prescribed in the Public Official Election Act around March 23, 2006, No. 17:26, Mar. 23, 2006)
1. Detention in a workhouse;
It is so decided as per Disposition for the reasons of Articles 70 and 69(2) of each Criminal Code.
Kim Jae-young (Presiding Judge)
Park Jae-in
Maternus
List of Offenses
A person shall be appointed.