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(영문) 창원지방법원 2016.06.09 2016고합107
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

C was a preliminary candidate belonging to D political party of the Kimhae-si market reelection implemented on April 13, 2016, and was released as a candidate for the competition in the presidential political party of the Kimhae-si market, which was implemented from March 5, 2016 to March 6, 2016.

No one shall conduct an competition campaign in a manner other than that provided for in the Public Official Election Act, in case where a political party grants a right to vote to any party member and any person who is not a party member, and conducts it

Nevertheless, the Defendant, at around 12:05 on March 3, 2016, using his own smartphones (F) in his residence located in Kimhae-si, Kimhae-si, the Defendant is required to participate in the public opinion poll selected by the candidates of Kimhae-si (D).

In this note, a public opinion poll, which begins at 02,070 between Note 5 and Sundays (3.5,6) 02 and 070, shall be observers.

안내에 따라 ‘C’ 이라고 답하거나 ‘C ’에게 배정된 번호를 꾹! 눌러 주십시오

. “The transmission of mms ( multimedia messages) including phrases and C’s front cover pictures to G, a private citizen at Kim Sea, and the transmission of ms 740 copies from that time to March 5, 2016.

Accordingly, the Defendant conducted a competition campaign in a manner other than that prescribed by the Public Official Election Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers against the accused (two times);

1. A written statement prepared by H;

1. Application of Acts and subordinate statutes that include investigation reports (in response to requests for provision of communication confirmation data), investigation reports (the attachment of resident registration copies and the confirmation of the address of the recipient of text messages), investigation reports (Attachment to I mobile phone photographs) and respective accompanying documents;

1. Article 255 (2) 3 of the Act on the Election of Public Officials and Articles 57-3 (1) (generally, selection of fines) concerning facts constituting an offense and Articles 255 (2) 3 and 57-3 (1) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won; and

2. Application of the sentencing criteria (determination of type) group of election crimes,

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