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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
. The crime history C and D are candidates for the 6th E-Gun election conducted on June 4, 2014, and the Defendant was engaged in an election campaign for C.
No one shall conduct an election campaign by transmitting any message, such as a voice, image, or video, other than letters, prior to an election campaign period.
Nevertheless, on May 12, 2014, before the election campaign period, the Defendant: (a) around 16:46, on May 12, 2014, using his mobile phone, sent a text message to 19 electors, including G, etc. (see attached Form 1.), along with the signature of the head of a local government related to the formation of a regional happiness life zone (“D”) and sent a text message attached by the Defendant to 19 electors, the electorate, etc., on three occasions, for an unspecified number of electors, including the following:
Accordingly, the Defendant carried out an election campaign by means of information and communication that is not prescribed in the Public Official Election Act before the election campaign period.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on internal investigation (documents submitted by the planning and audit office of the E-Gun Office);
1. Application of the Act and subordinate statutes to investigation reports (suspect A text messages and video photographs sent, etc.);
1. Article 254 (2) of the Public Official Election Act applicable to the relevant criminal facts and Article 254 (2) of the Act on the Election of Public Officials (excluding punishment);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. A fine of 50,000 to that of 4,000,000 won within the applicable sentencing range; and
2. Application of the sentencing guidelines [decision of type] group of election crimes, illegal election campaigns in violation of the election campaign period, and the first category [the person who has been specially punished] None [the scope of recommending punishment] basic area, fine of KRW 700,000 to KRW 1,500.