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(영문) 울산지방법원 2016.01.21 2015고단1415
공공단체등위탁선거에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who has served as the president of the FF in Ulsan-gun from around 2010 to March 10, 2015, and has been elected in an election for the head of the FF association implemented on March 11, 2015.

No one shall conduct an election campaign except for an election campaign period.

Nevertheless, the defendant-appellant's election campaign period (from February 26, 2015 to February 26, 2015).

3. From 09:33 on February 13, 2015, the preceding 10.3, the Defendant’s mobile phone (G) to 22 members of the above union, such as H, using the Defendant’s mobile phone (G), “I wish to start up the course of the achievement of the KRW 10 to 22 in which I want to open to audit the members of the PPP and to enjoy a hot time together with his family in line with his family, and even during this year.

From February 18, 2015 to February 18, 2015, the president of the union sent text messages to 163 members of the union with a total of 166 times as shown in the attached list of crimes.

Summary of Evidence

1. The defendant A's partial statement

1. Each investigation report (A mobile analysis, confirmation of prior election campaign, and intensive verification of dispatch of letters to members residing in another area) and the application of statutes governing CDs stored as a result of a mobile analysis, CDs stored in the register of members and electoral lists, the list of members, and the current status of the opposite party

1. Article 66 subparag. 1 and Article 24 subparag. 2 of the Act on Entrusted Elections, such as a relevant law on criminal facts and a public organization selected to impose a sentence, etc., and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act prohibits a prior election campaign in the Act on the Grounds for Sentencing the sentence of Article 334(1) of the Criminal Procedure Act, and is anticipated to have been fully aware of such prohibition, but the liability for the crime, such as going further to the prior election campaign, is not less exceptionally acknowledged, but there is no criminal history, and there is only about 10 percent among all the union members, and there is about 55 percent of the effective voting, and the above crime is elected with a support of about 55 percent.

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