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(영문) 대구지방법원 김천지원 2015.01.16 2014고합145

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is the Director General of the C Secretariat.

Anyone may conduct an election campaign only from the commencement date of the election period to the day preceding the election day, and in cases where sending text messages at a time other than the election day, persons who are permitted to send such messages by means of automatic broadcast communications utilizing computers and computer utilization technology shall be limited to candidates and preliminary candidates.

Nevertheless, on April 30, 2014, the Defendant had access to the “E” website by using computers kept therein at the office in Kimcheon-si D, Kimcheon-si on May 1 and May 2, 2014, and then selected a market market for public opinion poll farmers on May 1 and May 2 to the members of the above federation.

The C Chairperson sent text messages to the effect that it is the C Chairperson.

As a result, the Defendant carried out an election campaign prior to the election campaign period, and carried out an election campaign transmitting text messages by means of automatic broadcast communications even though he is not a candidate and preliminary candidate.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes on text transmission;

1. Relevant provisions for facts constituting an offense, Article 254(2) of the Public Official Election Act (the point of violation of an election campaign period, the selection of fines), Article 256(3)1 (b) and the proviso to Article 59 subparag. 2 (the point of violation of a limited provision and the selection of fines) of the Public Official Election Act;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes prescribed for the violation of the Public Official Election Act due to the violation of an election campaign period heavier than the quality of crimes);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of punishment] The punishment of a fine of not less than 50,000 won and not more than 6,000 won (decision of type] election crimes, illegal election campaigns violating the election campaign period, and Type 1 (Violation of the Election Campaign Period) increased factors: for unspecified or many other parties or repeatedly over a considerable period.