logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.01.08 2014고합458
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a public official who works as a public official in Grade D and E (Grade V) of the Daejeon Culture and Sports Bureau, and a public official shall not engage in an election campaign, and in particular, shall not engage in an election campaign using his/her status.

1. On May 26, 2014, the 6th nationwide local election campaign period, the Defendant, in violation of the prohibition of election campaign using the status of a public official, sent a letter to the Defendant’s mobile phone of “H candidate analysis and simple remarks” under the title of “H candidate analysis and simple remarks” to the Defendant’s cell phone of Da where the Defendant works using the mobile phone Kakakakao Akao Ampis for the 6th nationwide local election campaign period, and carried out an election campaign using his status as a public official by transmitting a letter to the Defendant’s mobile phone of “H candidate analysis”.

2. On May 26, 2014, the 6th nationwide local election campaign period, the Defendant, at around 09:42, sent the Defendant’s mobile phone using the Defendant’s mobile phone Kakakaoooook, with the title “H candidate analysis and simple speecher” to the Defendant’s mobile phone, and carried out an election campaign by transmitting the above message to 36 persons, as described in the attached list of crimes, from the same day to 13:34 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. A criminal investigation report (the details of receipt and reception of messages to the viewing staff of the Daejeon International Office), a criminal investigation report (F-related confirmation report) and an analysis report;

1. Application of the statutes governing Kakao Stockholm text messages;

1. Article 255 (3) 2 and Article 85 (2) of the Public Official Election Act (generally, the point of election campaign using the status of a public official), Article 255 (1) 2 and the main sentence of Article 60 (1) 4 of the Public Official Election Act (generally, the point of election campaign for a public official, the point of election campaign for a public official, and the choice of imprisonment);

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

arrow