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

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

Punishment of the crime

The Defendant was a 20th National Assembly member election campaign worker C, who was elected in the election district B in the election district B in April 13, 2016.

피고인은 2016. 4. 10. 08:22경 전남 D 이하 불상지에서 피고인이 소지하고 있던 E 명의의 휴대전화기 내지 C 명의의 휴대전화기를 이용하여 관내 선거권자인 F에게 “최근 여론조사에서도 51% 대 33%로 압도적 1위가 다시 확인됨, 마지막까지 최선 다해 두 배 승리를 맛봅시다!!”라는 내용의 문자메시지를 전송한 것을 비롯하여 별지 범죄일람표 기재와 같이 총 112명에게 같은 내용의 문자메시지를 전송하였다.

As a result, the Defendant published the result of the public opinion poll that makes it possible to predict the support rating to the political party or the elected person in connection with the 20th National Assembly member election from 6 days before the election day to

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutorial protocol against F, G, H, I, J, K, L, M, N, P, Q, R, T, and U;

1. Each investigation report (report on the results of mobile phone analysis, report on the attachment of mobile phone text messages to photographs, and report on the results of C mobile phone analysis, A, C, or mobile phone text messages sent and received);

1. Application of Acts and subordinate statutes, such as a photograph of text messages, submission of data (fano communication/Manobane book), mobile phone calls and text details, etc., CD two CDs of mobile phone analysis data, an abstract of text messages, text messages, etc., requests for provision of communications data, inquiries into mobile phone subscribers, etc., and provision of text messages;

1. Relevant provisions of relevant Acts on criminal facts and Articles 256 (3) 1 (m) and 108 (1) of the Public Official Election Act (p) of the Act on the Election of Public Officials and the Selection of Fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing criteria for the crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not set.

The crime of this case is committed by the defendant during the period in which the results of the public opinion poll are prohibited.