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(영문) 대전지방법원 천안지원 2014.10.29 2014고합198
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

[Loss, etc. of Defendant’s right to vote] The Defendant was a person who served as the head of C High School Dongdaemun-gu, and was sentenced to a fine of two million won for violating the Public Official Election Act in the Daejeon District Court’s Branch of the Daejeon District Court on November 3, 2010. On November 11, 2010, the above judgment became final and conclusive and has no right to vote.

【Criminal Facts】

No voting person shall carry out an election campaign.

Nevertheless, around May 27, 2014, the Defendant: (a) sent text messages to “G” offices located in F, “G” in order to have C High School E sent to D market candidates at the nationwide local election on June 4, 2014; and (b) sent text messages “C high-ranking E, which, on May 30, 2014, sent to C High-Level E, “C high-level E, with a strong intention to actively support D market,” and then sent text messages “C high-level E, 11,00,000 from May 30, 2014,” which read “C high-level E, with a view to getting elected.” From June 3, 2014, the Defendant sent text messages 16,143 copies of text messages to appeal for support of E, such as the written list of crimes.

Accordingly, the defendant did not have the right to vote but carried out an election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusations, the details and details of sending letters, a list of letters sent, a detailed statement of use, criminal records, criminal investigation reports, investigation reports (written rulings on the same type of crime), and criminal investigation reports (report on attachment of newspaper articles to a suspect);

1. Article 255 (1) 2, Article 60 (1) 3, and Article 18 (1) of the Public Official Election Act (generally applicable to the provision applicable to facts constituting an offense and the provision of a fine) of the relevant Act on the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won; and

2. Application of the sentencing criteria [decision of type] Election crimes, violation of the election campaign period, violation of illegal election campaigns, violation of the method of election campaign (type 2) (type 2) - Where an aggravated factor is involved in an election campaign, and where a large number of other parties were committed on the election day, the same kind of election campaign.

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