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(영문) 광주지방법원 순천지원 2014.09.18 2014고합146
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

From January 8, 2013, the Defendant works as a general administrative officer (local administrative assistant) in the D E-Gun guard office, and is a public official who has been in charge of handling civil petitions and performing expenses related to the head of the Gun.

On June 4, 2014, when the Defendant was aware of the fact that D had intended to move to 3 lines in the 6th nationwide local election, around January 2, 2014, the Defendant confirmed that D obtained 47% from F in the public opinion poll from 19:00 on January 2, 2014 and reported that D had 1% at the support rate. On January 2, 2014, the Defendant, including E-Gun public officials 262, published the results of the public opinion poll to 671 recipients stored in his/her cell phone, thereby raising 3 lines to public officials under his/her jurisdiction. On the other hand, in relation to the 6th national local election, the Defendant was willing to provide the public officials with an opportunity to give a preference to D where D is favorable.

On January 2, 2014, from around 20:24 to 21:46, the Defendant sent text messages, including the results of the public opinion poll, to 671 persons (1st-1st-1th-2, 16 group group 16 group 488) who sent text messages including the same results of the public opinion poll, by accessing the Defendant’s smartphone to Es (SNS) Kakaox, “Kaox,” which is an EM, to I’s mobile phone (J) by means of the Defendant’s smartphone, a summary of the F Report’s contents, and “13.3% of the Gun, Don, Don Gunn Gunn 47.3% of the result of the public opinion poll,” as shown in the attached list of crimes.

Accordingly, the Defendant announced the support plan of the elector for the candidate.

Summary of Evidence

Defendant’s legal statement

Article 255(1)10 and Article 86(1)3 of the Public Official Election Act (elective Selection of Fines) of the Act on the Election of Public Officials and the Election of Public Officials, which is received on the police's cell phone of Ma, N andO, shall be ordered to make a provisional payment order under Article 70(1) and Article 69(2) of the Criminal Act on the Election of Public Officials and the Election of Public Officials.

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