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(영문) 서울북부지방법원 2018.05.04 2017고합467
공직선거법위반등
Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 3 million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the director of Seongbuk-gu Seoul branch E with interest on a pastor in Seongbuk-gu, and Defendant B is the office worker of the above church.

1. Any person who violates the Defendants’ Election of Public Officials Act shall not carry out an election campaign by means of information and communications, etc. except as otherwise provided for in the Election of Public Officials Act prior to the election campaign period, and those who may carry out an election campaign by sending text messages through automatic broadcast communications are limited to candidates and preliminary candidates.

A. On December 21, 2016, the Defendants, in violation of the Defendants’ prior election campaign and the restriction on the main agent of text transmission, informed Defendant B of the news, articles, videos, etc. related to the election campaign of G that Defendant B intended to be a candidate for the FF presidential election, Defendant B conspired to carry out an election campaign that Defendant B would be elected in the FF presidential election by sending text messages to the members of the D church and E members by means of automatic broadcast communication, along with the relevant articles, videos, etc.

Accordingly, at around 10:53 on December 21, 2016, the Defendants sent an article link related to G to Defendant B by a text message, and around 11:32 on the same day, Defendant A instructed Defendant B to post a telephone to the above article and make a text message related to the above article, and at around 11:33 on the same day, Defendant B connected Defendant B to H using the computer in the above church office, and sent the text “I” to Defendant A, along with the phrase “A rapid transmission of the G departure Declaration,” and Defendant A confirmed this, sent a text message to Defendant B three times from around 11:36 to 11:51 on the same day, and sent three times a text message.

Defendant B instructed correction and accordingly, Defendant B’s automatic broadcast communication at the above H site by modifying part of the warning phrase 11:56 on the same day.

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