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(영문) 대구지방법원 2018.11.02 2018고합417
공직선거법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative of “D” of a public opinion poll company located in Daegu Jung-gu, Seoul.

1. No one shall publish or report the results of a public opinion poll distortedly relating to the election;

On December 2, 2017, the Defendant was requested to conduct a public opinion poll on the 7th anniversary of E press and FF Daegu Broadcasting on June 13, 2018, on the following: (a) from around 16:00 on December 27, 2017 to 22:00 on the same day, the Defendant conducted the public opinion poll at the above D office; (b) from around 16:00 on December 27, 2017 to around 19:5 men and women aged between 19 and 50 who reside in the Gu and Si, and (c) from around 19 to 29 years old.

Although the number of cases of completion of answers by the aged between 19 and 29 among the results of the above public opinion poll conducted was 25 cases, the Defendant added 26 answers to the standard of 0.5-2.0, one of the requirements for publication and report of the public opinion poll, thereby manipulating the number of the cases of completion of answers by the aged between 19 and 29 into 51 cases, the weight factor was 1.96.

In addition, the defendant registered the results of the public opinion poll operated as above as G on January 2, 2018 on the homepage of the Central Election Campaign Deliberation Committee at around 19:33, 2018, and notified the E press and FF Daegu Broadcasting that requested the public opinion poll of the results of the public opinion poll so that they could not know that they were fabricated by notifying the E media and FF Daegu Broadcasting of the results of the public opinion poll as above, the E press and FF Daegu Broadcasting on January 3, 2018, the E press Internet news article at around 08:00 on the same day, F8:0 on the same day.

4. The FSC had the issuer report the results of the pertinent public opinion poll to each report on the negotiating news.

In this respect, the Defendant published and reported distorted results of public opinion poll using the E press and FF Daegu Broadcasting that are not punished.

2. An institution or organization that conducts a public opinion poll on the election of violation of obligation to keep data relating to a public opinion poll, shall obtain a survey plan.

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