(영문) 대구지방법원경주지원 2020.12.03 2020고합42

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원경주지원 2020.12.03 2020고합42

공직선거법위반

Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

In relation to the election of the 21st National Assembly member implemented on April 15, 2020, the defendant is a person in charge of accounting duties as volunteers at the party election campaign office of the B Party C Regional Committee.

No one shall publish or report the results of a public opinion poll on the relevant election conducted by a political party or candidate by the time when the voting ends on the relevant election day.

B Party conducted a public opinion poll for each candidate in relation to the 21st National Assembly member election conducted from March 28, 2020 to March 29, 2020 against the electors residing in C from March 28, 2020, and delivered the result of the public opinion poll to the Defendant.

On April 3, 2020, at around 05:48, the Defendant connected F with “Bparty C City Regional Committee” by using a mobile phone used by the Defendant, and posted a letter “The current candidate 2, but the current candidate 1, etc. is in a sudden decline, and the affiliated 3, etc. is difficult to open up, so that 150 people who subscribed to the said F may know of the results of the public opinion poll.”

Accordingly, the Defendant published the result of the public opinion poll on the election conducted by a political party before the voting closing point on the relevant election day.

Summary of Evidence

1. The application of Acts and subordinate statutes governing the defendant's legal statement G by posting a notice of the prosecutor's protocol to the prosecution;

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

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

1. Reasons for sentencing under Article 186 (1) of the Criminal Procedure Act, which bears the cost of lawsuit under Article 334 (1) of the Criminal Procedure Act;

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

2. Scope of the recommended sentencing criteria: The sentencing criteria are not set.

3. The publication of the results of the public opinion poll conducted shall be free by the electors by making them open to prejudice the sentence.

참조조문

-공직선거법 제108조 제12항 제1호

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