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(영문) 대구지방법원 상주지원 2019.01.10 2018고합45
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a C's volunteer who was elected by going through B from the 7th national local election that was held around June 13, 2018.

Where a person works on an election campaign by sending text messages, he/she shall be limited to candidates and preliminary candidates, but the number of times such messages may not exceed eight, and only one telephone number reported pursuant to Regulations of the National Election Commission shall be used.

Nevertheless, at around 10:32 on March 10, 2018, the Defendant had access to the Defendant’s residence located in B City D Building E, and then had access to the Internet site F, and then had access to G’s cell phone numbers (H) a good day.

Cruel I and J. required to be registered

both places, if any,

6. 13. The candidate B of the local election will be the Roymor, at the request of the head of the City.

It is necessary to disclose the request by telephone, and it is necessary to send the crime.

I would like to do so.

In addition to sending text messages 396 times from that time to April 27, 2018, 12,759 text messages, which appeal for C’ support throughout a total of 13 times, from that time, were sent by automatic broadcast communications.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of K, L, G, and M;

1. A written accusation or a written complaint;

1. Each investigation report (Nos. 5, 7, 23, 32, and 33 in the list of evidence);

1. The Defendant asserts to the effect that the Defendant had different views as stated in the judgment on the Defendant’s assertion that the same act as the facts constituting the crime was in breach of the Public Official Election Act, on the nine copies of the report on telephone number for transmission of text messages using automatic broadcast communications, and on the 21st page screen by cutting down text messages.

On the other hand, the simple site of law does not affect the establishment of crime.

The defendant asserts that Article 16 of the Criminal Act is erroneous.

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