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(영문) 전주지방법원 2021.01.13 2020고합199
공직선거법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On March 28, 2020, the Defendant sent a text message stating “F 50 Emergency Financial Measures actively, G Non-affiliated Preliminary HI” to E, who was known to the general public by mobile phone at the Defendant’s residence located in North Korea, and then sent a text message stating “F 50 Emergency Financial Measures,” from that time to April 14, 2020, to 184 members of the 21st National Assembly election as shown in the list of crimes in the attached list of crimes. In short, the Defendant carried out an election campaign by transmitting a text message, such as advertising and supporting the 19th National Assembly members of the 21st National Assembly, a text message, Kakao Stockholm, etc.

Summary of Evidence

1. As a result of analysis of digital evidence of police statements by the defendant against the defendant's legal statement J, the application of the law to investigate the contents of AKakao Stockholm transmission, additional outputs of AKakao Stockholm transmission details (a document of the respondent's employment)

1. Article 255(1)2 of the Act on the Election of Public Officials and Articles 60(1)7 of the Act on the Election of Public Officials for Criminal Facts and Punishment (a inclusive, each of the instant crimes committed by the Defendant was committed by H at the formation of a single intention to become a National Assembly member in the 21st National Assembly election of the 21st National Assembly member, and thus, constitutes a violation of the Election of Public Officials Act comprehensively, and the criminal intent was renewed merely because the investigation by the K Military Election Commission was conducted at the middle of the entire acts

§ 30,00;

Article 70(1) and Article 69(2) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”), which is the order of provisional payment

1. Scope of punishment by law: Fines of 50,000 to 6 million won;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] Violation of the method of election campaign [a person subject to special sentencing] [a person subject to aggravated punishment] in violation of the method of election campaign in violation of the election campaign period [a person subject to recommendation] on the basis of the sentencing guidelines [a person subject to recommendation and the scope of the recommended punishment].

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