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(영문) 전주지방법원 2018.11.09 2018고합208

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a local public official who is in office as an educational research worker B, and a public official shall not engage in any election campaign.

Nevertheless, around June 12, 2018, at around 22:16, the Defendant sent a text message to 389 persons, such as the mobile phone D in the name of the Defendant, using the mobile phone D in the name of the Defendant, to the effect that “in the election of the Republic of Korea, there is a request for voting to E in the election of the Republic of Korea”.

Accordingly, the defendant was scheduled to be carried out on June 13, 2018, even though he was a public official.

In the F election, the election campaign for candidate E was conducted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reports on internal investigation (A verification posted on the Internet H staff list);

1. Investigation report (I telephone communications);

1. Application of text, currency details, and statutes;

1. Relevant Article 49(1) of the Act on the Election of Public Officials and the Local Education Autonomy for the Crime, Articles 255(1)2 and 60(1)4 of the Act on the Election of Public Officials (generally, the selection of fines);

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 6 million won;

2. The scope of the recommended punishment according to the sentencing guidelines [type of determination] shall be limited to the case where the election day is imminent in two types (Violation of the Method of Election Campaign) [Special Aggravationd Persons] of election crimes (the territory of recommendation and the scope of punishment], the area of aggravated punishment, the amount of a fine of one million won to four million won.

3. Determination of sentence: The crime of this case, which is a fine of 2 million won, is a case where the fairness of election is damaged by transmitting text messages to 389 people who are public officials who are political neutrality duty, an election campaign by encouraging certain F candidates to cast their votes.

In particular, even though the defendant is in office as a public educational official belonging to the J-affiliated institution, a number of people with a text message to vote to the present F before the election day.