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(영문) 창원지방법원 마산지원 2016.08.10 2016고합59

공직선거법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the head of the Sinnam Headquarters, a private group of D(hereinafter referred to as “D”), and Defendant B was a preliminary candidate for political party E in the 20th National Assembly member implemented on April 13, 2016 as a party member E., in the 20th National Assembly member.

G is the supporter of G.

An organization corresponding to a private group (including its representative and members) among individuals shall not be allowed to carry out an election campaign in the name of the organization or in the name of its representative, and where an election campaign is carried out by transmitting text messages at a time other than the election day, the persons who are able to send such messages by means of automatic broadcast communications using computers and computer-based technologies shall be limited to candidates and preliminary candidates, but the number of times shall not exceed five times; and where such messages are sent each time, only one telephone number reported in accordance with the rules of the Central Election Management Commission pursuant to the rules of the Election Management Commission shall be used; and no one shall distribute documents, drawings and specifications indicating the name of a political party or candidate and other similar things, unless it is prescribed by the regulations of the Public Official Election Act, in order to have an effect on the election from 180 days before the election day to the election day.

Nevertheless, at the office located in H on February 16, 2016 at Changwon-si around 18:00, Defendant A sent an interview related to free school meals without attending the National Assembly on the day when the president’s national campaign speech was held by the 19th National Assembly. However, Defendant A instructed Defendant B to contact Defendant B, who was aware of the past election of the Gyeongnam-do branch office, and prepare a text message and send it to D members through the Internet text message transmission site. Defendant B, in accordance with the direction of the said Defendant A, at his own residence located in theJ at the same time as that of the 19th National Assembly.