If the defendant does not pay the above fine, 100,000 won shall be converted into one day.

The Defendant is a director of the Special Committee on Business and Economic Affairs of the Jeollabuk-do Party, Jeollabuk-do.

No one shall publish or report the results of a public opinion poll on the relevant election conducted by a political party or candidate by the time when the voting ends on the relevant election day.

C Party, in the Jeollabuk-do Party, conducted a public opinion poll by candidate for the 21st National Assembly member election conducted on April 15, 2020 against the electors residing in the D Si, E-Gun, and F-Gun from March 20, 2020 to March 21, 2020.

At around 18:59 on March 26, 2020, the Defendant sent the results of the said public opinion poll conducted by the Cpolitical Party, Jeollabuk-do Party, as above, to many unspecified persons, on the following purport: (a) the Defendant’s mobile phone used by the Defendant: (b) was identified as having been approximately KRW 7.4% ( approximately 12% E 27%) compared to the other party candidates; and (c) the Defendant’s mobile phone used by the Defendant.

Accordingly, the Defendant published the results of the public opinion poll on the election conducted by a political party before the voting closing point on the relevant election day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes governing the content of each text message, results of the public opinion poll, and Kakao Stockholm;

1. Article 256 (1) 5 and Article 108 (12) 1 of the Public Official Election Act and Article 256 (1) 1 of the same Act concerning criminal facts and the selection of fines;

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 applicable sentences under law: Fines of 50,000 to 6 million won;

2. The scope of recommending sentencing criteria according to the sentencing criteria is not set.

3. The publication of the results of the public opinion poll is an act that interferes with the free decision-making of the elector by causing the elector to open up the prejudice of the decision-making process, thereby impairing the fairness of election. The Public Official Election Act is about the allowable scope and time of publication of the public opinion poll.