A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be converted into one day.

Punishment of the crime

The defendant is an election campaign manager of Bparty C preliminary candidate D, Incheon Metropolitan City, in connection with the 7th nationwide local election.

No one may publish the result of the public opinion poll on the relevant election conducted by a political party or candidate until the close of the relevant election. However, around 09:00 on April 3, 2018, the Defendant published the result of the “public opinion poll on the election guidance, etc. of the preliminary candidate C preliminary candidate for the 7th nationwide local election” conducted through DG at the parking lot of D in the election campaign office near the F located in Incheon City, Incheon, through D, a public opinion poll institution, as the mobile phone owned by the Defendant, after which approximately 230 persons participate.

Summary of Evidence

1. Defendant's legal statement;

1. Public opinion poll report;

1. Photographs posted at H of the results of a public opinion poll;

1. Application of Acts and subordinate statutes to a investigation report (location of locations included in H organization bank);

1. Article 256 (1) 5 and Article 108 (12) 1 of the Public Official Election Act concerning criminal facts and selection of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won;

2. The scope of recommending sentencing criteria according to the sentencing criteria is not set.

3. The publication of the results of the public opinion poll is an act that interferes with the free decision-making of electors by causing electors to open up their prejudice to the decision-making process, thereby impairing the fairness of election. The Public Official Election Act strictly prescribes the allowable scope and time of publication of the public opinion poll.

The defendant's crime is against the purpose of the Public Official Election Act, and the responsibility for such crime is not easy.

However, the fact that there is no record of punishment for the defendant in excess of the fine or for the same crime, and that there is a weak perception of illegality.