공직선거법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. On June 13, 2018, the Defendant: (a) carried out on June 13, 2018, the 7th nationwide local election campaign B, and opened a majority of short-term excursion ship telephones in the constituency by leaving the head of the situation office of D’s election campaign office registered as the preliminary candidate belonging to the Cparty in the election of the C Party; and (b) operated a regional press organization to calculate D’s support rate at a higher than the actual rate in the public opinion poll conducted by the local press organization in a way of responding
The Defendant’s crime is an unfavorable circumstance to the Defendant, such as: (a) the Defendant interfered with the duties of an agency in charge of public opinion poll that has a high risk of undermining the fairness of competition by exerting unfair influence on the competition of the candidates for Cparty B market; and (b) the Defendant planned and implemented a wide range of crime with other persons in the candidate campaign.
However, when the investigation by the election commission began, D supported by the defendant is a favorable condition for the defendant, such as the waiver of the competition, the withdrawal of the Cpolitical party and the fact that the crime of this case does not affect the actual intraparty competition, and that there is no record of criminal punishment exceeding the fine by the defendant.
Comprehensively taking account of the above circumstances and the Defendant’s age, character and conduct, environment, means and method of committing a crime, motive and background of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion.
The defendant and prosecutor's argument that the sentencing of the court below is unfair is not accepted.
2. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the grounds of merit.