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대전지방법원 2015.01.08 2014고합482

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was a volunteer of E election campaign office, who was sent to the election of the head of the Gu of the 6th national Dong-si, a regional election, for a political party to be elected.

When a preliminary candidate transmits text messages by means of automatic broadcast communication the information aimed for the election campaign, he shall specify the facts corresponding to the election campaign information.

Nevertheless, on May 11, 2014, the Defendant sent text messages to 58,076 residents within the jurisdiction of Cgu using a p.p.p.p.o.com (www.p.p.puro.com) in order to appeal for E’s support at the election campaign office of the seventh floor of Daejeon F Building E, Daejeon, without specifying that the message constitutes election campaign information.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Investigation report (the attachment of a document of sending letters and the currency of staff in charge of ppuri sites);

1. A photograph by cutting a text message sent;

1. The defendant and his defense counsel asserted that the defendant's transmission of text messages did not transmit them through the "salutic of the election text messages" in the site of this case while the defendant prepared the text messages and did not intentionally indicate that they fall under the election campaign information by transmitting them by hand without transmitting them through the "salutic of the election text messages" within the site of this case, and that they do not constitute the election campaign information. However, the evidence duly adopted and examined by this court is as follows: (i) the defendant was well aware that it is necessary to clearly indicate that the defendant falls under the election campaign information when transmitting text messages through the "salutic of the election text messages" within the site of this case; and (ii) even if transmitting text messages through the "salutic of the election text messages" through the "salutic of the election text messages," the fact that the defendant constitutes the election campaign information without automatically