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Reasons
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(영문) 광주지방법원 목포지원 2019.01.24 2018고합127
공직선거법위반
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Defendant shall be punished by a fine of KRW 900,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

National public officials provided for in Article 2 of the State Public Officials Act and local public officials provided for in Article 2 of the Local Public Officials Act shall not conduct an election campaign in the intra-party competition.

Despite the fact that the Defendant is a local public official in the National Agricultural Industry and Distribution Complex, the Defendant provided guidance on how to conduct a public opinion poll in the intra-party competition in order to have the 7th nationwide local election B market candidates elected as the D party candidates. In order to have the 7th nationwide local election B market candidates elected, the Defendant was willing to appeal the support of the preliminary candidates in the intra-party competition.

On April 27, 2018, at around 20:08, the Defendant sent a h message to the Defendant’s residence located in the E Apartment F, using a mobile phone, and sent a tension support to G et al., by using a mobile phone, for the purpose of sending a tension support at the time of the preliminary light election of several members of the D party. The public opinion survey on this light line is conducted on May 2 (number) - 3 (b). D political party is verified, and B citizens are asked for support once again to the candidates of our Republic of Korea. The Defendant sent the H message. CD Party B’s preliminary candidate pictures, and continued to enter the CD Party B’s preliminary candidate pictures in the same manner as on May 17:16, 2018.

Accordingly, the defendant, as a local public official, did not conduct an election campaign and competition campaign as a local public official, was conducted for C candidates who will participate in the election of the 7th nationwide local election campaign B market.

Summary of Evidence

1. The defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution;

1. An interrogation protocol of the police against the accused;

1. The police statement of the defendant;

1. Each police statement of I and G;

1. An investigation report (teach call and interview including G).

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