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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
No one shall conduct an election campaign before the close thereof on the election day, and shall solicit anyone to participate in the election campaign, including any content supporting, recommending or opposing a specific political party or candidate.
On June 13, 2018, June 12:20, 2018, prior to the close of the local election day of the 7th Dong-si local government, the Defendant, using a telephone “F” call, which was subscribed to the above E candidate’s name at the Daegu-gu Seoul Metropolitan City candidate E-Gun election office located in Daegu-gu World Trade C, Daegu-gu, Seoul Metropolitan City, and then called the “E candidate office.
I would like to make a lot of public relations requests to the members around the National Assembly.
D D)
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D. The Gun's choice is more known to the Gun people, and the choice of candidates has been made by themselves, so it has been seen that we have seen that we have seen that we will come up with a lot of attitudes for D, so we have seen that we have tried to do so.
“...”
As a result, the Defendant engaged in an election campaign prior to the close of the election day and recommended to participate in the voting including the contents of supporting a specific candidate.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Stenographic records of the contents of telephone communications and CDs;
1. Application of photographic Acts and subordinate statutes by cutting down a petition or a cell phone call;
1. Relevant provisions for facts constituting an offense, Article 254 (1) of the Public Official Election Act (the points of violation of the election campaign period), Article 256 (3) 3 of the Public Official Election Act, and the proviso to Article 58-2 (3) 3 of the Public Official Election Act (the points of violation of restrictions on support for specific candidates related to solicitation
1. Articles 40 and 50 of the Criminal Act for the election campaign period with heavier punishment.