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(영문) 서울동부지방법원 2017.02.10 2016고합289
공직선거법위반
Text

Defendant

A shall be punished by a fine of KRW 90,000, by a fine of KRW 800,000, by Defendant B, and by a fine of KRW 700,00.

Reasons

Criminal facts

Defendant

A was a person who was the K of the J Council from July 1, 2014 to June 30, 2016, and Defendant B was a public official of Grade IV in extraordinary civil service) of the J Council from August 25, 2014 to June 30, 2016.

Defendant C is a current or former public official of the J Council (Grade VII in extraordinary civil service) from August 13, 2014 to June 30, 2016.

1. No person, other than the candidate and the preliminary candidate, shall engage in an election campaign by transmitting text messages through automatic broadcast communications;

Although the Defendant is not a candidate or a preliminary candidate for the election of the 20th National Assembly member, on April 12, 2016, the Defendant applied the mobile phone number (O and crime list 1 No. 1 per annum), etc. used by the Defendant at the J Council at around 08:5 08:5,000, to the mobile phone number (N) 7 mobile phones, such as the call number (O and crime list 1 per annum) [public opinion] / [public opinion] / [public opinion poll] / http for TV TV http for the purpose of changing the direction of the direction: /me/2. d/ Fm87eAf2 P political party finger marks Q R R.

A from that time to 09:08 of the same day, a letter message containing “Dlim” sent to 455 persons in total by means of automatic broadcast communication, such as the first page of the annexed crime list 1, from that time, from that time, by means of automatic broadcast communication.

2. Public officials of Defendant B and Defendant C can not conduct a competition campaign at the competition line within the party, and the intra-party competition campaign may not be conducted in a way other than that prescribed by the Public Official Election Act.

Nevertheless, on March 15, 2016, the Defendants conspired to conduct a preliminary candidate competition campaign to participate in the competition campaign for the 20th National Assembly election P Party P Party in the 20th National Assembly election campaign by sending mass text messages from the J Council T in S.

Therefore, Defendant B, along with the request for distribution from assistants, such as R’s visa V around 11:40 on the same day, “W development, Rwn [X] ARS voting telephone.

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