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(영문) 제주지방법원 2016.12.15 2016고합137
공직선거법위반
Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

However, the defendant A is dissatisfied with this.

Reasons

Punishment of the crime

1. Those who are allowed to carry out an election campaign by sending text messages through automatic broadcast communications at a time other than the election day of Defendant A, shall be limited to candidates and preliminary candidates, and no one shall distribute, affix, spread, show or run an advertisement, letter of personnel management, poster, photograph, document, picture, picture, printed matter, recording tape or others similar thereto, which include contents supporting, recommending or opposing a political party or candidate, or which indicate the name of a political party or candidate's name, in order to have an influence on the election from 180 days before the election day to the election day;

Nevertheless, even if the Defendant is not a candidate or a preliminary candidate, at the office of the Defendant located on the second floor of the Jeju Building on March 30, 2016, the Defendant connects the Internet text messages to the “W.skyms.co.kr.)”, a total of 4,889 E High School E high schools, 4,889, namely, “finite, post-fins.-h.h.

4. There is a appearance in the court room in the G Dongbook in the F constituency that is going to the 13 lines and the I that is going to the H constituency.

GF:3.31(b) and 7.31(c) and 3.31(b) of the date of the GF local constituency: (a) sent text messages consisting of the 16-time K group K group 16 times each time, and (b) sent a total of 29,283 text messages to E High School East Languages and L Eups, as indicated in attached Table 1-23, from March 30, 2016 to April 12, 2016.

By doing so, the Defendant, in total 23 times, sent text messages through automatic broadcast communications even though he is not a candidate or preliminary candidate, carried out an election campaign for G, which is a candidate for the F constituency in the election of the 20th National Assembly member, and for I who is a candidate for H constituency, and supports and recommends the above G and I in violation of the Public Official Election Act.

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