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(영문) 수원지방법원 2016.04.28 2016고합147
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a candidate E in preparation for the 20th National Assembly member electoral constituency, which was enforced on April 13, 2016.

On January 22, 2016, the Defendant: (a) received the results of the survey conducted on around January 19, 2016 in the Defendant’s residence located in the Suwon-si, Suwon-si, which was conducted in around January 19, 2016, with an interview conducted by an institution specialized in the public opinion poll to “the desire to support when participating in the safe number competition”; and (b) “23.5% of the current National Assembly members, 54.5% of the political believers, and 22.1% of other 2.1% of the political believers,” and (c) changed the contents of supporting the E, and then put them on the NA.

The Defendant changed the 20th election of the National Assembly members of the Republic of Korea to the question of “whether to support any person on the 20th election of the National Assembly members of the Republic of Korea” by using the Nopt points program at the above time and place as seen above, and then, the Defendant changed to the question of the 20th election of the National Assembly members of the Republic of Korea, “at the 20th election of the National Assembly members of the Republic of Korea,” and then inserted the answer result of the above “political believers,” and inserted the E’s photo into the said 54.5% election, and then sent the file to 35 members of the Internet NAO.

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. Statement made by each prosecution with respect to G and H;

1. A written accusation;

1. Application of distorted notice and the Acts and subordinate statutes governing cross-statistical table as a result of public opinion poll;

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

1. Making a public announcement of the results of public opinion polls on the election for the reason of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is a crime that interferes with the formation of free public opinion and undermines the fairness of election.

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