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(영문) 춘천지방법원 2019.01.24 2018고합92
공직선거법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

If the defendant does not pay a fine, one hundred thousand won.

Reasons

(b) No instruction, solicitation, or inducement shall be made to many electorates in order to answer false answers to gender, age, etc. in order to influence the results;

Nevertheless, the Defendant selected the “D” of a person who was prepared in the mobile phone public opinion poll for B/Gun candidates from April 24, 2018 to April 18:00 to 18:30, at the C/P candidate office of Gangwon-gu Party D, for the purpose of winning D’s competition, the Defendant selected the “D” to the person who was prepared in the mobile phone public opinion poll for B/Gun candidates for the primary election of the party candidate for B/Gun candidates for the title B from April 24, 2018, for the purpose of winning D’s competition, from April 25 to 26(d).

1.02-Catched by telephone:

2. Residence area: F;

3. Supporting political party: C Party,

4. Participation in safe number: Participation of the electoral group;

5. The source of right: not the source of right;

6. Candidates for support: D’s choice;

7. Voting Confirmation: Confirmation even before voting is completed * 25 days. To the extent possible, we must respond to 25 days.

**The voting of party members of the political party may result in a public opinion poll call even if they overlap with each other.

The voting is made in the order above.

-a text message sent to C. Party members and other 894 text messages containing "DD forest for preliminary candidates for military forces";

As a result, the defendant recommended many electorates to respond falsely to whether they are entitled to vote or not in order to influence the results of public opinion poll for the intraparty competition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Contents of text messages;

1. Application of Acts and subordinate statutes to each investigation report (including attached materials);

1. Article 256 (1) 5 and Article 108 (11) 1 of the Public Official Election Act and Article 108 (11) 1 of the same Act concerning criminal facts and the selection of fines;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won; and

2. The scope of recommending sentencing criteria: The sentencing criteria shall be set.

A person shall be appointed.

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