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(영문) 광주지방법원 순천지원 2021.01.14 2020고합102

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant came to become a candidate for B election district in the 21st National Assembly member election, which was implemented on April 15, 2020.

C A person who has supported preliminary candidates.

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

On February 18, 2020, the Defendant: (a) at the Defendant’s residence located in D on February 18, 2020; (b) despite that there was no fact that the Defendant conducted a public opinion poll on the prospective candidates for leaving the constituency B in E and F, the Defendant sent the result of “G,” “C63.2%, and J32.1%” in the B constituency J public opinion poll conducted by F; and (c) from that time, posted the video of the contents, and written comments on the other I channel to the effect that C was extremely friendly for five times, such as the list of crimes in the attached list.

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

Summary of Evidence

1. A statement of the results of the investigation (F and K verification), a criminal investigation report (the current status of press reports and preliminary candidate registration related to the C total broadcast out of the Republic of Korea), a criminal investigation report (the status of press reports and preliminary candidate registration related to the C total broadcast out of the Republic of Korea), and a criminal investigation report (the status of the I channel for

1. The application of the laws and regulations on the current state of “H” in L, the current status of the results of the public opinion poll (for publication), recording records, MNN screen, the resignation/Death/registration invalidation status of the election of the National Assembly members of the 21st National Assembly, and the I channel for suspect operation

1. Article 252 (2) and Article 96 (1) of the Act on the Election of Public Officials for the Punishment of Crimes and the Selection of Punishment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in a crime of violating the Public Official Election Act on February 24, 2020, with the largest penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's summary of the argument.