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(영문) 전주지방법원 2014.08.28 2014고합168
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From July 2011 to July 18, 2014, the Defendant was the so-gu Seoul passbook at the Jeonjin-gu, Seoul.

The head of a Tong/Ri/Dong shall not conduct an election campaign.

Nevertheless, at around 08:29 on May 30, 2014, the advance polling date, the Defendant sought support for D candidates who were sent to the election of the sixth East-si local election (Enforcement Date, June 4, 2014) that belongs to the National Assembly of the 6th East-si local election (hereinafter referred to as the 6th election) by using mobile phones, the advance polling date, “I will make an advance polling date. I will make an audit to be forgotten, and support the candidate for the candidate for the previous main local election. In addition, I will make an audit to the above 36th local government election campaign or the 6th local government election, including sending a text message to 14 persons, who are the 14th candidate, who is the main local government, to support the 6th local government candidate, and to change the former local government.” From May 29, 2014 to May 31, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of text messages;

1. Application of Acts and subordinate statutes to a report on internal investigation (information on commission of a head of a Tong against a suspected suspect), report on internal investigation (the details of sending out text messages of a suspected suspect), internal investigation (the confirmation of details of sending text messages of a suspected suspect's mobile phone), report on internal investigation (the confirmation of details of sending text messages of a suspected suspect's mobile phone), and report on internal investigation (the recipient's list as stated

1. Relevant Article 255 (1) 2 and Article 60 (1) 7 of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) 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. The scope of punishment by law: Fine not exceeding six million won;

2. The 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 election campaigns.

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