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(영문) 창원지방법원 진주지원 2016.07.14 2016고합53
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

The defendant, as a member of the D City Council, is a F member of the election campaign in the election of the 20th National Assembly that was implemented on April 13, 2016 and moved to a candidate for the E constituency and elected as a candidate.

No one shall carry out an election campaign before the voting ends on the election day.

Nevertheless, on April 13, 2016, the election day of the defendant, at the house of the defendant No. 705 of G building A around 10:46 on April 13, 2016, in order to increase the voting rate for the above F, the defendant will be able to see if the voting rate and the votes ratio in our region are high.

In this regard, our four suggestions and budget can be referred to only by the request.

K Political Parties and F are selected, and it is rarely requested to do so.

“The election campaign was carried out upon the request of the F by sending text messages to 464 people in the said constituency for a total of 26 times between 09:14 to 10:59 on the same day, including sending text messages to the same day.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each internal report (Attachment of the contents of the I mobile phone text message, photograph of the text message of the suspected mobile phone, attachment of the text message of the suspected mobile phone, the frequency and number of messages sent out, specified number of text messages, results of analysis of the suspected A mobile phone, and attachment of data);

1. Investigation report (report attached to the sixth local election list);

1. Response to a request for provision of communications data;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 254 (1) of the relevant Act concerning facts constituting an offense and Article 254 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fine not exceeding 6 million won;

2. Scope of recommended sentences according to the sentencing criteria [decision of types] election crimes and election campaign period.

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