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(영문) 제주지방법원 2020.12.17 2020고합184
공직선거법위반
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the Ri of Jeju City C, and Defendant B is the head of the Ri Office of Jeju City.

The head of the Tong, Ri and Ban shall not conduct any competition campaign at the competition campaign at the competition campaign within the party, and no one shall conduct any competition campaign in any manner other than that prescribed by the Public Official Election Act at the competition campaign within the party.

On March 2020, the preliminary candidate F, who was sent to the candidate for the intraparty competition in the constituency D constituency for the 21st National Assembly member, reported the telephone number for transmitting text messages using automatic broadcast communications to the election commission at the beginning of the Jeju National Assembly on March 2020.

Defendant

A은 2020. 3. 11. 17:04경 F 예비후보자가 위 ‘G’을 발신번호로 자동 동보통신을 이용하여 발송한 “E정당 경선여론조사 F 지지호소(12ㆍ13일). 사랑하는 도민 여러분! E정당 D 국회의원 예비후보 F입니다. 일일이 찾아 뵙고 인사드려야 하지만 코로나 19로 인해 이렇게 문자로 인사를 올립니다. 너그러운 마음으로 이해해 주시기 바랍니다”라는 문자메시지를 자신의 휴대전화(H)로 수신한 후, 같은 날 17:06경 위 문자메시지를 피고인 B의 휴대전화(I)로 전송하였다.

Defendant

B After receiving the above text message from Defendant A, at the Kri-ri Office located in the jurisdiction of Jeju on March 11, 2020, around 17:32, 2020, the text message was made by accessing the system of automatic broadcast communication (L) installed in the computer to “F support in the E party competition public opinion poll.” The text message was drawn up to “12-13:00 :00 :0 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :

The facts charged are stated to the effect that “the text message was received to 352 Korean residents by transmitting it simultaneously with 362 Korean residents’ cell phones,” but the number of persons above is the number of persons.

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