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(영문) 울산지방법원 2015.06.11 2015고단965
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant was a non-standing director of the Agricultural Cooperatives from around 1997 to 2009, and was born in an election for the president of the Agricultural Cooperatives, which was conducted on March 11, 2015.

No one shall conduct an election campaign except for an election campaign period.

Nevertheless, the Defendant, as follows, during the election campaign period for the head of the association or the head of the association on February 26, 2015:

3. Around 07:49 on February 4, 2015, the Defendant carried out an election campaign. Around 2015, the Defendant sent a text message to 1,788 members of the instant union, including D, using the electoral headquarters value business in the hand, and carried out an election campaign by sending a text message stating “SP and IS ISISISISISISISISISISISISISISISISISISISISISISISISISISISISISISISISISISISISISISIE

2. At around 17:55 on February 4, 2015, the Defendant sent to 720 members of the above union, including E, using the Kakakakao Kakao Kakao Kakao Stockholm, installed in the Defendant’s mobile phone at the place indicated in paragraph (1) of this Article, an election campaign by sending the message stating “I have the beginning of saving. I have the right to do so. I have the right to do so. I have the right to do so. I have the right to do so. I have the right to do so. I have the right to do so.”

3. On February 6, 2015, at around 16:15, the Defendant sent a text message to 1,815 members of the said union, including D, using the text message delivery program described in paragraph (1), and carried out an election campaign by sending it to 1,815 members of the said union.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Each report on investigation;

1.2.4 The analysis of persons subject to the transmission of text messages, and the application of statutes governing the analysis of persons subject to transmission of text messages of 2.6 days;

1. Article 66 subparagraph 1 of the relevant Act on Criminal Facts and Article 24 (2) of the Act on Entrusted Elections such as Public Organizations, etc. that choose a penalty, selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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