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(영문) 전주지방법원 정읍지원 2019.01.23 2018고합56
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

B A around March 2, 2018, the 7th City/Do local election C, registered as a preliminary candidate for a party to the constituency of the Do local election C, and was selected as a candidate for the D Party C on May 25, 2018, and was elected as a candidate for the D Party C on June 13, 2018, and the Defendant was the person elected as the C Mayor on June 13, 2018, as the head of the B’s election campaign office campaign bulletin team.

Where a person works on an election campaign by transmitting text messages, he/she may send automatic broadcast communications (referring to the method of automatically selecting and transmitting recipients using a program even where the number of persons subject to reception at the same time exceeds 20 persons or the number of such persons is not more than 20 persons) shall be limited to candidates and preliminary candidates, but the number of times such persons shall be limited to eight times (including the number of times transmitted by preliminary candidates, in cases of candidates).

Nevertheless, around 15:27 on March 13, 2018, the Defendant sent text messages to 56,000 persons who appeal for support of B, such as “B’s practice code,” using a computer located in the office of the election campaign office in the E 3rd floor, and then sent text messages to 56,00 persons from that time to June 11, 2018 using a computer located in the E 3rd floor, and then sent text messages to 56,00 persons, including “B’s practice code.”

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of prosecutorial statement concerning H;

1. The first protocol concerning the examination of suspects of the police;

1. Statement of each police statement against J, K and L;

1. A criminal report (materials to answer questions and answers by the National Election Commission);

1. A report on the analysis of digital evidence;

1. Reports on internal investigation (current status of expenditure related to the dispatch of letters), reports on internal investigation (related to attaching all the registered matters of the dispatch company of letters to a certificate), and reports on internal investigation ( Results of analyzing sirens of mobile phones for reference);

1. Investigation report ( analysis of seized materials (F) and application of the Acts and subordinate statutes related to the situation at the time);

1. Criminal facts;

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