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(영문) 수원지방법원 2017.01.10 2016고합645

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one shall publish the results of a public opinion poll on election in a distorted manner.

On January 2016, the Defendant joined the F Bande, where the prospective candidates for the 20th National Assembly member election, who are the prospective candidates for the D local constituency, are active.

The Defendant’s “H” office located in G on January 17, 2016, using the Defendant’s smartphones.

1. Candidate E;

2. I candidates;

3. JNN has conducted a public opinion poll before the J candidate, and at this time I was called as a result of a public opinion poll on the part of the NNN.

E The candidate continues to have up to one side of the father’s consent.

I.

Recognizing the comments on the comments “.......”

However, the first preliminary candidate did not conduct a public opinion poll in relation to the election of the 20th National Assembly member D constituency, and there was no fact that the E preliminary candidate had conducted the public opinion poll in the public opinion poll conducted by the I preliminary candidate.

As a result, the Defendant distorted the result of the public opinion poll on election.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement with respect to K and L;

1. Doarding up the screen by printing out the text of the posting, cutting up comments, and cutting down the screen;

1. Application of the Act and subordinate statutes to investigation reports (a bareboat operator's statement hearing reports);

1. Article 252 (2) and Article 96 (1) of the Act on the Election of Public Officials in Charge of Crimes and the Election of elective Public Officials;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The sentencing guidelines established on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouses are against Articles 252(1) and 96(1) of the former Public Official Election Act (amended by Act No. 13617, Dec. 24, 2015), which was “a imprisonment with prison labor for not more than three years or a fine not exceeding 6 million won” (amended by Act No. 13617, Dec. 24, 2015). As such, the statutory penalty is “a fine not exceeding five years or a fine not less than three million and not more than 20 million won.”