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(영문) 부산지방법원 2014.10.17 2014고합473
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 13, 2014, the Defendant was registered as a candidate for the election of the head of the Busan Dong-dong Office, which was held on June 4, 2014, and then went to the border line on April 29, 2014, and went out from the border line on March 13, 2014.

1. An election campaign shall not be conducted in the intra-party competition for which the political party grants voting rights to party members and non-party members in violation of the method of campaign for the intra-party competition, the method of installing an election campaign office or setting up and posting the signboard, present board or placard at the relevant election campaign office, directly giving or appeal for support to the name of less than 9 centimeters in length carrying his name, photograph, telephone number, academic background, career and other matters necessary for publicity, the method of sending one kind of publicity material prepared by any political party as a candidate for the intra-party competition only once, and the method of holding a joint speech meeting or a joint debate indoor;

In addition, no one shall distribute, post, spread, show or post advertisements, personnel management books, posters, photographs, documents, paintings, printed matters, recording or video tapes and others similar thereto, which indicate the name of a political party or the name of a person who wishes to be a candidate, in order to influence the election from 180 days before the election day to the election day.

Nevertheless, the Defendant sent text messages to the electorate 639 persons from March 28, 2014 to March 29, 2014, using the Defendant’s cell phone numbered from March 28, 2014 to the Defendant’s home located in Busan Dong-gu, and using the Defendant’s cell phone numbered from March 28, 2014 to March 29, 2014, indicating the name of C party and the Defendant’s name that the Defendant wishes to be a candidate.

Accordingly, the defendant is a political party to influence the election.

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