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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 4, 2014, the Defendant, as E’s children, who were the winners of the Do-Si/Gu-Si/Gun local constituencies, implemented on March 4, 2014, recorded on March 10, 2014 at the support rate of 26% by E in the result of the Do-Si/Gun election-related public opinion poll published on March 10, 2014, intended to inform the electorate of the above contents.
1. A person, other than a candidate and a preliminary candidate, is unable to carry out an election campaign by transmitting text messages using a computer and a computer by automatic broadcast communication using it. However, around 19:04 on March 11, 2014, the Defendant visited E’s office located on the second floor of the building in Chungcheongnam-nam G, with a computer, and then sent to the electorate a text message 4,794 with the content that “I will act concurrently. I will send to the electorate a text message 4,794 with the content that I would like to act concurrently. I would like to go further from the public opinion poll in return for the same day. I would have sent to the electorate a text message 1,791 with the content that “I will go to go to the military. I will go to go to go to the future.”
Therefore, even though the defendant is not a candidate or preliminary candidate, the defendant sent a total of 6,585 text messages through automatic broadcast communication, and carried out an election campaign.
2. Notwithstanding the fact that no election campaign cannot be carried out prior to the election campaign period, the Defendant carried out an election campaign prior to the election campaign period in the date and place specified in paragraph (1) and in accordance with paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect E by the prosecution (first time);
1. The details of sending letters, the contents of letters, the results of public opinion poll, and the application of statutes on the transmission details of mass text messages;
1. Article 256(3)1(b) and Article 59 subparag. 2 of the Public Official Election Act regarding criminal facts