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(영문) 대구지방법원 2012.11.28 2012고합1079

공직선거법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall distribute or post a document stating the support and recommendation of a candidate (including a person who intends to become a candidate) or any other document similar thereto, in order to influence the election from 180 days prior to the election day to the election day, or distribute or post a document indicating the candidate's name or other document similar thereto, except as otherwise prescribed by the Public Official Election Act, before the election campaign period (from March 29, 2012 to April 10, 2012).

A member E of the National Assembly belonging to C Party (hereinafter referred to as “C Party”) was not registered as a preliminary candidate in the 19th National Assembly election that was scheduled to take effect on April 11, 2012, but intends to become a candidate for a National Assembly member in the said constituency, and a candidate for a National Assembly member in the said constituency was decided as a candidate for the said constituency around March 18, 2012. On the other hand, around January 17, 2012, it was anticipated that a member of H Party belonging to G Party in relation to the election of the 19th National Assembly member was going to a Daegu National Assembly member in relation to the election of the 19th National Assembly member, and at C Party I, J, and K registered as a preliminary candidate in the said constituency.

The defendant is the chief assistant officer of E who won the election in the 19th election for a National Assembly member as a member of the National Assembly in Daegu F constituency under C.

피고인은 2012. 1. 17. 18:27:30경부터 같은 날 18:28:15경까지 서울 영등포구 L호 E 국회의원 사무실에서 제19대 국회의원 선거에 영향을 미치게 하고 E로 하여금 당선되게 하기 위하여, “현재 E 의원과 H 의원(G당)간의 여론조사가 진행중. 성원바랍니다. 지인께도 연락요망”이라는 내용의 문자메세지를 작성한 다음, 대량문자 자동 동보통신인 KT크로샷비즈를 이용해 M(N)을 비롯한 1,044명의 휴대폰으로 이를 전송하였고, 계속하여 같은 날 18:35:13경부터 18:36:02경까지 같은 장소에서 같은 방법으로 같은 사람들에게 "[E 의원실] E 의원과...

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