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(영문) 청주지방법원 제천지원 2019.01.14 2018고합45
공직선거법위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A was a local public official who was working for C from July 1, 2014 to June 30, 2018, and intended to run for C election campaign conducted on June 13, 2018.

No local public official shall conduct an election campaign, and examine or announce a support rate of the electors for a political party or candidate.

Nevertheless, at around 17:00 on April 12, 2018, the Defendant reported that his support was the highest in the result of the candidate’s opinion polls published by “D”, which is an Internet media company, for the purpose of election, the Defendant published the results of the said opinion poll in his SNS for the purpose of election.

On April 12, 2018, the Defendant cited some of the results of the said public opinion poll by using mobile phones in the vicinity E on April 21, 2018, and sent the same message to approximately 604 persons who used text messages and mobile phones from around 6.13 to April 13, 2018.

Accordingly, the defendant, who is a public official, carried out an election campaign and at the same time announced the support rate of the elector for a political party or candidate.

2. Defendant B, on June 3, 2015, was sentenced to two years of suspended sentence for violating the Public Official Election Act by the Daejeon High Court on October 10, 2015, and the said judgment became final and conclusive on September 10, 2015, was unable to carry out an election campaign for a person who has no voting right

Nevertheless, on April 13, 2018, the defendant is a candidate for the '6.13 local election C posted by A, as described in paragraph 1, at A's I page where he worked as a volunteer in the past election campaign.

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