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(영문) 춘천지방법원 2016.11.04 2016고합61
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The defendant is a person who is in charge of the director general of the general affairs bureau of C High School.

No one shall conduct any competition campaign in any manner other than that prescribed by the Public Official Election Act in the intra-party competition.

At around 17:00 on March 12, 2016, the Defendant, using a large-scale Internet text delivery service, sent to C High School 2,028 members of C High School 2,028 (hereinafter “C High School 2,020”) and conducted a public opinion poll for three (3) days from the date on which Korea’s self-esteem F (23 times) was confirmed as a candidate for E Political Party 2,02. Accordingly, the Defendant selected the Fdong from the mobile phone number 02 or 033 number on the basis of the direction that he gets flicked, if the phone number comes from the phone number 02 or 033. This shows that it is difficult for the other hand-over of C High School 2,000, which is established in the Republic of Korea, by requesting the support of the Da High School 2,028.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The prosecutor's statement concerning H;

1. An analysis report;

1. Application of Acts and subordinate statutes to a charge book, each automatic broadcast communications letter, and a statement of sending text;

1. Article 255 (2) 3 and Article 57-3 (1) of the Public Official Election Act and Article 255 (2) 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. The scope of applicable sentences by law: Fines of 50,000 to 4 million won; and

2. Application of the sentencing criteria (determination of type) for the election campaign in violation of the method of election campaign, and illegal election campaign (violation of the method of election campaign) in the second category (special person) or the unspecified number of unspecified parties, or repeatedly over a considerable period of time.

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