In order to order the provisional payment of an amount equivalent to the above fine.

On March 13, 2014, the Defendant was a candidate for the election of the head of C head of C Gu, which was held on June 4, 2014, and was registered as a preliminary candidate on March 13, 2014. On April 29, 2014, the Defendant went out to the presidential election of the head of D Party C, but went out from the competition line.

1. The act of directly setting up an election campaign office or posting a signboard board or placard at the relevant election campaign office on the intra-party competition for which a political party grants voting rights to members and persons who are not members of the political party, the act of directly setting up or appeal for support for the name of the name of the political party, his name, photograph, telephone number, academic background, career and other matters necessary for publicity within 9 centimeters in length and 5 centimeters in length, the act of sending one kind of publicity materials prepared by any candidate for the intra-party competition only once, and the political party shall not conduct an competition campaign by means other than holding a joint speech meeting or a joint debate indoor;

In addition, anyone is prohibited from distributing, posting, spraying, showing or posting advertisements, personnel management books, posters, photographs, documents, drawings and paintings, printed matters, recorded tapes and others similar thereto, which indicate the name of a political party or the name of a person who wishes to be a candidate, in order to influence the election from 180 days before the election day to the election day.

Nevertheless, the Defendant sent text messages to the electorate 639, along with the name of a political party and the name of a defendant who wishes to be a candidate using the F mobile phone possessed by the defendant from March 28, 2014 to March 29, 2014, in order to raise the awareness of the defendant in the intraparty competition and appeal for support from the defendant.

Accordingly, the defendant distributed the name of the political party and the name of the person who intends to be a candidate in order to influence the election, and at the same time conducted the competition campaign in violation of the intra-party competition campaign method.

2. The members of the election commission of each level who have refused to comply with the request by the election commission for submission of materials may request the submission of the related documents and other materials necessary for investigation concerning election crimes, and the person who has been requested to submit the said materials

Nevertheless, around May 8, 2014, the Defendant issued a public document in the name of the chairman of the Gu Election Commission requesting the submission of data, which is necessary for the investigation of the election crimes in paragraph (1), at the Defendant’s office located in Busan E, using automatic broadcast communications, such as the name, etc. of the Internet text message site when sending text messages using automatic broadcast communications, but did not submit the above data requested to the above election commission.

Accordingly, the defendant did not comply with the demand of the personnel of the election commission.

Summary of Evidence

1. Each police station and each prosecutor's protocol of examination of the accused;

1. A written accusation;

1. Application of the Acts and subordinate statutes governing communications data and list of crimes;

1. Article applicable to criminal facts;

Articles 255(2)3 and 57-3(1) of the Public Official Election Act (the violation of the method of campaign for the intra-party competition), 255(2)5, and 93(1) of the Public Official Election Act (the violation of the method of campaign for the intra-party competition), Articles 256(5)12 and 272-2(3) of the Public Official Election Act (the violation of the method of campaign for the intra-party competition), 255(2)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of violating the Public Official Election Act due to the violation of the method of campaign in the intra-party competition, the crime of violating the Public Official Election Act due to the distribution of the name of the method of campaign, and the punishment prescribed in the crime of violating the Public Official Election Act due to the distribution of the more heavy method of law

1. Selection of punishment;

Selection of each fine

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed in the crime of violating the Public Official Election Act due to distribution of a heavier method of deprivation of punishment)

1. Detention in a workhouse;

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

1. Order of provisional payment;

Judgment on the assertion that the right to refuse to make statements is infringed under Article 334 (1) of the Criminal Procedure Act

The defendant and his defense counsel asserted that the submission of the data in this case did not comply with it as it infringes the right to refuse to make a statement.The submission of the data in this case is in accordance with Article 272-2 (3) of the Public Official Election Act, and Article 272-2 (3) of the Public Official Election Act, and ‘the statement' is distinguishable from the statements and data in the Public Official Election Act, the Public Official Election Act, etc., and ‘the statement' is expressed through the language of the individual's thoughts, knowledge, and experience, while the prior meaning of ‘data' is a material that is based on the investigation, ‘the materials'

The right to refuse to make a statement is recognized as a right, and the right to refuse to make a statement is guaranteed even in the case of questioning and investigating pursuant to Article 272-2(1) of the Public Official Election Act, and Article 272-2(7) of the Public Official Election Act provides that the right to refuse to make a statement is stipulated in Article 272-2(7) of the Public Official Election Act, and if punishment is imposed on the failure to comply with the request to submit a statement, the right to refuse to make a statement may be infringed by right to refuse to make a statement, and the right to refuse to make a statement is not equal to that of not punishing the refusal to make a statement in an investigation pursuant to Article 272-2(1) of the Public Official Election Act, and (4) the text and legislative purpose of Article 272-2(3) of the Public Official Election Act are taken into account, it is reasonable to deem that the submission of a material that is based on an investigation, etc. under Article 272-2(1) of the Public Official Election Act is limited to the materials created, preserved in connection with an ordinary election campaign.

According to the above evidence, the contents of the data requested by the defendant in this case are "the telephone number for transmitting text messages", "the name of the Internet site for sending text messages", "the Internet text messages", and "URL address, etc." which are generated, preserved, and managed in relation to the ordinary election campaign, it is merely a material that is based on the investigation of the violation and does not constitute a statement.

Therefore, since the request for submission of this case does not infringe the right to refuse to make statements, the above assertion by the defendant and the defense counsel is rejected.

Reasons for sentencing

[Scope of Punishment] Fine of 50,000 either to 6,000,000

[Determination of Punishment] Election Crimes, Illegal Election Campaign in Violation of Election Campaign Period, Type 2 (Violation of Method of Election Campaign) [Scope of Recommendation] Fines of 700,000 won to 2,000,000 won (Basic Field)

[Scope of the revised recommended sentence] A fine of at least 700,000 won (the violation of the Public Official Election Act due to the failure to comply with the request for submission of materials without sentencing guidelines, considering only the lowest limit of the recommended sentence)

[Pronouncement Decision] The crime of this case in 700,000 won is that the defendant distributed name pictures in violation of the method of election campaign under the Public Official Election Act, and did not comply with the request of the election commission for submission of materials. Such an act is detrimental to the purpose of legislation of the Public Official Election Act that strictly regulates the methods of election campaign in order to ensure the fairness of election, and is likely to impair the fairness of election by affecting the right decision-making or decision-making of the candidates.

However, considering the fact that the defendant has no record of being punished for the same crime and has no criminal record of imprisonment without prison labor or heavier punishment, and the age, character and conduct, the environment of the defendants, the circumstances, means and results of the crime of this case, and the circumstances after the crime, the punishment shall be determined as ordered by the order.

Judge To call

Judges Il-il

of the list of persons who are not subject to the list is subject to the data here, but allowances and actual expenses for volunteers;

The existence of such data, such as payment-related data, becomes a symbol of the violation of the law, and is created and created in connection with the ordinary election campaign.

Materials that are not preserved and managed shall not fall under the materials referred to in this context.