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(영문) 인천지방법원 2014.10.01 2014고합604

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant was elected at the 6th nationwide City/Do local election of the Incheon Metropolitan City City/Do Council member D of the Incheon Metropolitan City Gu as a candidate for the E Party.

피고인은 선거일인 2014. 6. 4. 14:10경 인천 F건물 402호에 있는 선거사무실에서 자신의 휴대전화를 이용하여 위 선거구 선거인 G의 휴대전화로 「(선거정보) “잊지 않겠습니다! 투표로 행동하겠습니다~!” 오늘(6/4, 수) 꼭 투표해 주십시요! 참여가 힘~! C의회의원선거 D선거구(H, I, J) ♥기호 E정당 A♥ “K” “첨맘처럼 늘 함께 하겠습니다~!” ♡도와주십시요!♡ 〔지인들께 널리 홍보 부탁드립니다!

To this, I sent a text message stating "..."

In addition, from the above date to 14:23 of the same day, the Defendant complained of the Defendant’s support to 28 persons, including the electors listed in the annexed crime list, for the same content 36 times, and sent text messages indicating the Internet address to which the Defendant is immediately accessible on the mobile website publicizing the Defendant.

Accordingly, the defendant carried out an election campaign before the voting period ends.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. An investigation report (a counter investigation of a suspect, confirmation of suspect's cellular phone details and letters, and confirmation of the actual title holder, and whether fees are claimed);

1. Details of text dispatch, application of Acts and subordinate statutes on suspect mobile phones;

1. Article 254 (1) of the Public Official Election Act applicable to applicable law to facts constituting an offense and Article 254 (1) of the Act on the Election of Public Officials;

1. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for attracting partners in a workhouse;

1. The scope of punishment by law: Fine not exceeding 6 million won;

2. The sentencing guidelines for sentencing [decision of types] group of election crimes, violation of the election campaign period and illegal election campaigns, and Type 1 (Scope of recommendations] (Scope of violation of the election campaign period), a fine of KRW 700,000 or KRW 1.5 million (basic areas).

3. Determination of sentence: The Public Official Election Act of KRW 700,000 shall be on the election day; and