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(영문) 전주지방법원 2015.06.11 2014고합274
공직선거법위반
Text

Defendant

B shall be punished by a fine of 300,000 won.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

Defendant

B from the national Dong-si local election (on June 4, 2014), a person who was born as a candidate for H Do Council member and was registered as a preliminary candidate on March 24, 2014.

When a preliminary candidate transmits text messages by means of automatic broadcast communication, he shall specify in the election campaign information the “matters concerning the facts falling under the election campaign information, telephone numbers thereof, and measures and methods capable of easily making any indication of the intention to refuse to receive the text messages, where he transmits text messages,”.

1. On April 8, 2014, Defendant B sent 627 text messages to the electorates in the constituency using the program of the site of transmitting the pay text message “K” as personal computers at the Defendant’s election office located in the Jeonbukbuk-do, on April 13:57, 2014. Defendant B sent 627 text messages stating “The Preliminary Candidate Bolol” to the electorates in the constituency, i.e., the front page of the B Jeonbuk-do’s election campaign office, i.e., the number of winners, the number of winners, i., the number of winners, and the number of winners, i.e., the number of winners., the number of electors of the B Jeonbuk-do’s election campaign.

2. Defendant B committed on April 14, 2014, at around 14:00, using the same program at the same place as indicated in paragraph (1) at around April 14, 2014, Defendant B, along with the place where the same program is used, was set up as “B Do Council member.” In order to complete the awareness of opening the election office of the Do Council member, the audit and inspection is carried out in a serious depth of multiple minutes for the citizens of the Do Council. In the future, Defendant B sent 831 text messages stating that “I will audit and inspect. I sent 831 text messages to the electorate in the local constituency.”

After all, Defendant B did not specify the fact that falls under the election campaign information and transmitted the election campaign information in a way of automatic broadcast communication.

Summary of Evidence

1. Defendant B’s statement in the first trial record;

1. The application of the Acts and subordinate statutes to each report on internal investigation (related to the details of sending text messages);

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