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(영문) 대구지방법원 2018.12.14 2018고합503
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant’s status is not a candidate or a preliminary candidate as a person who supported C party candidates with respect to simultaneous local elections conducted on June 13, 2018 at the seventh time.

2. No person, other than a candidate or preliminary candidate who violates restrictions on election campaign by using text messages, etc., shall engage in an election campaign by transmitting text messages by means of automatic broadcast communications.

On May 9, 2018, the Defendant had access to a “E” website that can send a large amount of text messages using a computer at the Defendant’s home located in D around 16:31, 2018, and had a 409 cell phone number stored on that website.

On May 10, 2000, the message sent 42,742 text messages from around that time to June 12, 2018, including the transmission of text messages, “the second floor at the entrance of G apartment at 4:00 p.m.”, and from that time to June 12, 2018, 42,742 text messages were sent more than 30 times in total, as indicated in the List of Crimes

Accordingly, the Defendant carried out an election campaign by transmitting text messages through automatic broadcast communication even though he is not a candidate or a preliminary candidate.

3. No person who violates a violation of prohibition of publication or restriction on election campaign by using text messages, etc. as a result of a public opinion poll shall publish or report by citing the details or result of a public opinion poll that makes it possible to predict the approval rating of a political party or the elected person in an election from six days before the election day to the closing time of voting on the election day, and no person, other than a candidate or a preliminary candidate, shall conduct an election campaign by transmitting text

The Defendant, at around 13:53 on June 10, 2018, connected to the “E” website that can send a large amount of text messages using a computer at the Defendant’s home located D and stored on that website, and for C party candidate I who opened to the H market election using a 955 mobile phone number that was stored on that website, “I candidates are present prior to 4% of the results of the public opinion poll.”

w. .

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