A defendant shall be punished by a fine of 500,000 won.

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

Criminal facts

The defendant is a public official of Grade B in general administration position, and C is a person who was elected in B in the 7th local election of Dong-si local government on June 13, 2018.

No public official shall conduct an election campaign.

그럼에도 피고인은 2018. 6. 9. D에 있는 피고인의 주거지에서, C을 당선되게 할 목적으로 휴대폰을 이용하여 피고인의 지인인 B시민 E(가명)에게 '2번 C시장님 좀 콕콕 찍어다우~우리 시 발전 위해서~간곡 부탁 좀♡'이라는 F 메시지를 전송하였다.

Accordingly, the defendant carried out an election campaign as a public official.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H and E;

1. A Transmitting a message address photograph;

1. Application of Acts and subordinate statutes to each investigation report (request for provision of communications data, submission of response communications data, identity of the suspect A, preparation of a statement of reference witnesses, etc.);

1. Relevant Article 255 (1) 2 of the Public Official Election Act and the main sentence of Article 60 (1) 4 of the Public Official Election Act concerning criminal facts;

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

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

1. Scope of punishment by law: A fine not exceeding six million won;

2. Scope of recommended sentences according to the sentencing guidelines [decision of types] [Violation of Methods of Election Campaign)] Types 2 (Violation of Methods of Election Campaign) and illegal election campaigns in violation of the election campaign period during the election campaign period - Where election campaign is imminent (four days prior to election): Where the degree of violation of methods of election campaign is insignificant (the scope of recommended fields and recommended sentences] - Where the degree of violation of methods of election campaign is insignificant, the basic area of the election campaign, fine of KRW 700,000 or two

3. The crime of this case, as a viewing public official, committed an election campaign by transmitting the F message that the Defendant should not engage in an election campaign, to the sponsor, and thus, is a public official with respect to the political neutrality of public officials and the fairness of election.