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(영문) 광주지방법원 순천지원 2014.10.16 2014고합182
공직선거법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is the person in charge of accounting of the F candidate who was elected as a C City Council member (D constituency) in the 6th nationwide City local election conducted on June 4, 2014.

1. No one, other than candidates who violate restrictions on the method of transmitting text messages and preliminary candidates, shall transmit text messages by means of automatic broadcast communications utilizing computers and computer-based technology, and conduct an election campaign;

On June 1, 2014, at the election campaign office of F candidates located in G around 19:08, the Defendant connected “H,” a large volume text message, via the Internet, with “H,” and sent a text message to the head of Si in the city of I, J, and K region. Many Sungwon’s request is set up. F. F. F.F.’s request, the 39 public prosecutor stated “45 persons” in the indictment. However, according to the evidence of “number of text messages sent”, six items were not sent to the failure of transmission, and thus, only the transmission of text messages to 39 persons is recognized.

was transmitted to the person.

In addition, the Defendant stated, from that time until June 3, 2014, the text message as stated in the list of crimes attached to 19,609, totaling three times, as “32,327 persons” in the indictment by the elector. However, according to the evidence of “number of text messages sent”, 12,718 items were not transmitted via the phone number duplicate, transmission failure, and communication atmosphere. As such, the Defendant recognized only the transmission of text messages to 19,609 persons.

After transmitting text messages to the candidate or preliminary candidate, the text messages were sent by means of automatic broadcast communications, even though they are not candidates or preliminary candidates.

2. No one who violates an election campaign period shall carry out an election campaign prior to the close thereof on the election day; and

피고인은 2014. 6. 4. 08:30경 위 선거사무소에서, 인터넷으로 위 ‘H’ 사이트에 접속하여 ‘E정당 C시의원 후보 2-가 F를 투표용지에 꼭! 찍어 주십시오’라는 내용의 문자메시지를 선거인 8,412명 검사는 공소장에 '9,540명'이라고 기재하였으나,...

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