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(영문) 대구지방법원 2020.08.14 2020고합190
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant was registered as a preliminary candidate for the 21st National Assembly member election implemented on April 15, 2020 from the 20th National Assembly member election implemented on April 15, 2020, and was elected as a candidate after withdrawing as a candidate for the 20th National Assembly member B on January 10, 2020.

1. Where a person works on an election campaign by transmitting text messages in violation of the method of transmitting automatic F text messages, he/she shall be limited to candidates and preliminary candidates, only when he/she is permitted to send such messages by means of automatic F (referring to the method of sending text messages through which persons subject to the simultaneous reception exceed 20 persons or such persons are not more than 20 persons);

Nevertheless, at around 13:46 on March 14, 2020, the Defendant had access to “H”, the 2nd floor of G building, and then has selected “C’s sub-examinations selected E”. (i)B C National Assembly members’ office A secretariat, and then simultaneously transmitted text messages to 13,597, including B electorates.

Accordingly, even though the defendant is not a candidate or preliminary candidate, the defendant sent text messages by automatic F, and carried out an election campaign.

2. No one shall distribute, screen or spread documents, printed materials, video tapes, or other similar things indicating the name of a political party or candidate's name, in an effort to influence the election from 180 days before the election day to the election day, including the contents supporting, recommending or opposing a political party or candidate (including a person who intends to become a candidate), or distribute, screen or spread those documents, printed materials, video tapes, or other things similar thereto, without going through the provisions of the Public Official

Nevertheless, in order to affect the election of the 21st National Assembly members, the defendant supports and recommends E as a candidate in violation of the automatic F method stipulated in Article 59 subparagraph 2 of the Public Official Election Act, such as Paragraph 1.

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