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(영문) 서울남부지방법원 2016.10.13 2016고합405
공직선거법위반
Text

Defendant

A A Fine of 800,000 won, Defendant B of the fine of 700,000 won, Defendant C of the fine of 700,000 won, and Defendant C of the fine of 70,000 won.

Reasons

Punishment of the crime

Defendant

A is the spouse of H, who is a candidate for the National Assembly member of the Seoul F Party Gparty, and Defendant B, C, and D is the supporter of H candidate.

No one shall carry out an election campaign before the voting ends on the election day.

1. 피고인 A 피고인은 제20대 국회의원 선거당일인 2016. 4. 13. 13:10~14:55경 서울 I아파트 303동 1401호에 있는 피고인의 주거지에서 피고인의 휴대전화를 이용하여 “자꾸 문자드려 죄송합니다. 아직 투표 안 하셨다면 꼭 좀 도와 주셔요♥ 만약 투표하셨다면 주변 분들께 부탁 좀 드려주셔요♥ J입니다♥ 고맙습니다♥”라는 문자메시지를 B 등 212명에게 발송하였다.

Accordingly, the defendant carried out an election campaign on the election day.

2. After receiving text messages with the same content as paragraph (1) from Defendant B, the Defendant sent the same text messages to 45 persons, including C, using Defendant’s cell phone at the Lcare Center Office located in Seoul, around 13:45 and 13:48, which is the election day of the 20th National Assembly member of Seoul National Assembly.

Accordingly, the defendant carried out an election campaign on the election day.

3. After receiving text messages with the same content as that of paragraph (2) from Defendant C, the Defendant sent the same message to the Kakakao Stockholm group rooms where 31 persons, including N, using the Defendant’s cell phone at around 14:39 April 13, 2016, which was the election day of the 20th National Assembly member of the Republic of Korea.

Accordingly, the defendant carried out an election campaign on the election day.

4. At around 07:55 to 08:00 on April 13, 2016, the election day of the 20th National Assembly member, Defendant D sent text messages to 261 persons, including Q Q, stating that “P power H is required to select the original powerH in the development of the PP and the Gu Council member D)” was used by the Defendant’s cell phone at the Defendant’s residence located in the 14.304 Dong-gu Seoul O apartment.

Accordingly, the defendant carried out an election campaign on the election day.

Summary of Evidence

1.

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