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(영문) 서울중앙지방법원 2013.03.21 2013고합148
공직선거법위반
Text

1. The defendant shall be punished by a fine of 700,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

The defendant is the chief vice-chairperson of the B University Literature Meeting.

An organization that is a private group among individuals, such as a alumni association under the Public Official Election Act, and its executives, employees and members shall not engage in an election campaign in the name of the organization.

Nevertheless, on November 2012, 2012, the Defendant sent text messages supporting F candidates in the name of the 18th presidential E in order to have the Defendant elected the F candidates in the name of the 18th presidential election E, to 848 persons, including I, from the office of the Daejeon Jung-gu H Association by using the Internet telephone machine at 070 Internet at the office of the Daejeon Jung-gu H Association on November 29, 2012. On November 29, 2012, the Defendant sent a text message to 848 persons, including B University. The second Jdong letter will audit the F President candidates. To develop B University and promote L sports, I would like to receive a text message “The Vice-Chairperson of the 2nd presidential Association.”

As a result, the Defendant carried out an election campaign under the name of the above organization as an executive officer, employee, and member of the 18th presidential election.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning K, G, and L;

1. Statement of the post statement to I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 255 (1) 11 of the Public Official Election Act and Article 87 (1) 3 of the Public Official Election Act concerning criminal facts;

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. The Defendant did not know that the same act as the facts charged in the judgment was in violation of the Public Official Election Act.

2. Article 16 of the Criminal Act provides that "When a person commits a crime not knowing that his act constitutes a crime under Acts and subordinate statutes, he shall not be punishable only when the misunderstanding is based on reasonable grounds" refers to a simple site of law.

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