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(영문) 광주지방법원 목포지원 2014.09.18 2014고합100
공직선거법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a journalist who served as a journalist of a newspaper journal in the nationwide daily newspaper.

No journalist prescribed by Presidential Decree shall conduct an intra-party competition campaign.

Nevertheless, at around 15:17 May 1, 2014, the Defendant sent a text message to 699 persons, including H, using mobile phones, for the purpose of having the 6th nationwide local election E-Do Governor elected from the Defendant’s house of D apartment 2 and 810, the Defendant, a preliminary candidate for the Do Governor of Dong-dong local election, for the purpose of having the 5th nationwide Do Governor go in the G political party competition, using mobile phones, for the purpose of having the 69 persons, who use the mobile phone, with the intention of having the 69 persons, who are the Do Governor candidate for the 5th nationwide local election.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (verification of periodicals);

1. Details of currency;

1. A copy of text messages;

1. Application of Acts and subordinate statutes on name cards and identity cards;

1. Article 255 (1) 1, Article 57-6 (1), Article 60 (1) 5, and Article 53 (1) 8 of the Public Official Election Act concerning facts constituting an offense and the selection of penalties;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. The scope of punishment: Fines of 50,000 to 6 million won; and

2. Application of the sentencing criteria [Determination of type] Violation of the method of election campaign (type 2) in violation of the election campaign period, which violates the election campaign period (type 2). (Scope of the sentence of recommendation] fine of KRW 700,000 to KRW 2 million.

3. Determination of sentence: The Public Official Election Act, which is the basis of democratic politics, aims to ensure the legitimacy of state power and to contribute to the maintenance and development of democratic politics by ensuring the legitimacy of state power and by preventing any malpractice related to the election in a fair manner in accordance with the free will of the people and democratic procedures. Therefore, it is necessary to strictly punish violations.

In addition, the crime of this case is committed.

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