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(영문) 청주지방법원 충주지원 2014.11.13 2014고합57
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

No one shall conduct an election campaign from 0:00 p.m. to strawing hours on the election day.

Nevertheless, from 07:00 on June 4, 201 to 07:29 on the same day, the Defendant sent a text message to 353 persons, such as E (F), G (H), I (J), and K (L), who are electorates who have been stored in advance for one’s election campaign by using his mobile phone (D) at his own home, from around 07:0 on the same day, to 353 persons, including the electorates, who have shown the low power of loyalty citizens who make the M candidates elected in this election to the market.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of N police statement;

1. Application of Acts and subordinate statutes on suspect calls;

1. Relevant Article 254 (1) of the Public Official Election Act and Article 254 (1) of the Public Official Election Act concerning criminal facts;

1. Articles 70 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 punishment: Fines of 50,000 to 6 million won;

2. Scope of recommended sentences according to the sentencing guidelines [decision of type] group of election crimes, illegal election campaigns in violation of the election campaign period, and absence of types 1 (Violation of the election campaign period) [Scope of recommending sentences] (limited to 700,000 won to 1.5 million won.

3. Determination of sentence: The crime of this case by a fine of KRW 80,000 is a case in which the defendant appealed for support of a specific candidate by sending text messages to the voters on the day of election. Such crime interferes with fair and reasonable judgment of voters, thereby impairing the fairness of election, which is the foundation of free democracy, and thus, should be held liable with heavy responsibility corresponding to that of the defendant.

However, the defendant does not have any other criminal records in addition to a fine imposed once, and the defendant recognizes all of the crimes of this case and reflects them.

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