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(영문) 전주지방법원 2016.11.18 2016고합152
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates the D Research Institute.

Except as otherwise expressly provided for in this Act, no one shall conduct an election campaign by means of propaganda facilities or tools, various printed matters, broadcasting, newspapers, news communications, magazines, other publications, campaign meetings, debate meetings, debate meetings, native folks meetings, alumni meetings, neighbors' meetings, other assemblies, information and communications, the establishment of an election campaign organization or private organization, door-to-door visits, or other methods prior to the election campaign period, and no person, other than candidates or preliminary candidates, shall transmit text messages related to the election campaign by means of automatic broadcast communications.

1. The Defendant from around March 7, 2016

3. From around September, 201, at the office of D Research Institutes located in Yansan-gu, Jeonju-si, and in relation to the 20th National Assembly member election of the 20th National Assembly member who was scheduled to be held on April 13, 2016, H H, working at the above office, had H, who was a preliminary candidate for the F Party in the F Party in the 20th National Assembly member election, sent 3,838 text messages to the electorate, which was excluded from the list of candidates for the J Party Jeoncheon-gu, J., 2014.

As a result, the Defendant carried out an election campaign before the election campaign period, and sent text messages using automatic broadcast communications.

2. On March 11, 2016, the Defendant sent 14,510 text messages to the electorates, “(11-15 days) for the purpose of having K, who was a preliminary candidate for the F Party in the above constituency, won at the competition in the competition in the competition in the competition in the above office, the Defendant connected the “I” and sent 14,510 text messages to K as “(11-15 days) planned to proceed with the public opinion poll (15 days).”

By doing so, the defendant conducts an election campaign before the period of the election campaign.

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