Text
The sentence against the accused shall be 700,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
No election campaign shall be conducted prior to the close of the election day.
Nevertheless, on June 4, 2014, from around 13:36 to 14:05 on June 4, 2014, the sixth City/Do local election day, the Defendant sent a text message to 143 persons, including, but not limited to, sending to 143 persons, text messages containing the above contents as follows: (a) the Defendant’s mobile phone D, which is a branch, using the Defendant’s mobile phone (the telephone number B), “I am fright to self-esteem even before; and (b) I am fright to the old politics of the creative area; and (c) for the development of the region and harmony, I am fright No. 2 of the E Political Party No. 2. F candidate, I am 143.
For the same person, the Defendant continuously sent 143 text messages to the same person, stating, “I am able to know about the self-esteem of the former, leading to the old politics of the original area, so I am me to develop the region and harmony with the development of the region, I am me d'blicked with the thickness of F Candidate No. 2, F Candidate No. 143.”
Accordingly, the defendant carried out an election campaign before close of the election day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A written accusation;
1. Application of Acts and subordinate statutes to report an investigation (Attachment to a document, such as a photograph of text messages transmitted to his/her cell phone), and to provide a copy of investigation data of violations of the Election Act
1. Article 254 (1) 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. The scope of punishment by a fine not exceeding 6 million won;
2. Where the degree of violation of the sentencing criteria [Scope of recommendations] is insignificant in cases where the basic area (700,000 won to 1.5 million won) (special mitigation) (special mitigation) of election campaign in violation of the basic area during the election campaign period / Where the degree of violation of the methods of election campaign is insignificant on the election day.
3. Determination of sentence: The instant crime of fine of KRW 700,000.