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(영문) 서울고등법원 2016.05.25 2015노1833

공직선거법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

The gist of the grounds for appeal is as follows. The court below erred by misunderstanding the facts or misunderstanding the legal principles.

There is no distortion of the outcome of the public opinion poll.

As to 745 persons who completed answers to the public opinion poll, the Defendant was merely calculated as 1,057 persons who corrected samples according to the population ratio by region and age in K, and the Defendant did not arbitrarily distort the number of samples.

In the process of the revision of statistics, the Defendant’s primary revision of gender, the second revision of age, the third revision of region, and the third revision of gender is merely a result of these subsequent revision, which led to the difference between the actual gender statistics, and the Defendant did not adjust gender with a specific intention.

There is no defendant's refusal to submit data related to public opinion poll.

Although the Defendant received the first letter from the election commission at the time of K on February 27, 2014, there is no fact that he received the second letter from the election commission at K on March 6, 2014.

The defendant would submit relevant data to the Jeollabuk-do Election Management Committee.

The proposal was made to the K Si Election Management Committee, and the K Si Election Management Committee consented thereto.

The defendant is merely a failure to comply with the request for submission of data to protect the identity of the person subject to the public opinion poll, and does not have an intention to refuse the request for submission of related data to investigate the feasibility, distortion, etc.

As to the prohibition of publication of the results of the public opinion poll, the Defendant merely sent the results of the public opinion poll to several pages, and only the expected results of the approximate support rate, such as “I: 40-45%, J: 30-35%, andO: 10-15%.”