1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine; 50.

Punishment of the crime

The defendant is a secretary of C (the assistant at the time of committing the crime).

A candidate and a person other than a preliminary candidate shall not conduct an election campaign by transmitting text messages through automatic broadcast communications at a time other than the election day, and a person who transmits information on an election campaign shall take necessary measures so that an addressee does not bear the telephone charges and other monetary expenses incurred when the addressee refuses to receive the messages.

Nevertheless, on April 4, 2012, the Defendant sent text messages to 105,87 electorates by means of automatic broadcast communications with automatic broadcast communications on April 12:10, 201 to 39.5 D 28.3 E 5.2, the Defendant sent text messages to 105,87 electors, and sent text messages to 105,87 voters by means of automatic broadcast communications, and did not take necessary measures so that the addressee does not bear the telephone charges and other expenses incurred in refusing to receive messages.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police statement concerning D;

1. Statement of investigation report (a copy of the statement prepared by the defendant and a copy of the warning note);

1. Images of the screen pictures of transmitting text messages attached to a complaint filed by a DNA;

1. Application of the statutes that describe the details of sending text messages attached to the police statement made by the defendant;

1. Article 256 (2) 1 (b), the proviso to Article 59 (2) (the point of violation of the Restriction Provisions), Articles 255 (4) and 82-5 (5) (the point of violation of the Restriction Provisions) of the Public Official Election Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime of violating the Public Official Election Act due to a violation of heavier restriction provisions);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case in the sentencing ground of Article 334(1) of the Criminal Procedure Act of the provisional payment order is imminent on the election day.