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(영문) 대구지방법원 상주지원 2018.11.15 2018고합25
공직선거법위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

No one shall take measures, such as call forwarding of at least two telephone numbers, in order to have an influence on the results of a public opinion poll on election, and answer at least twice by the same person.

1. On April 6, 2018, at the CD market candidate election office located in B on April 15:21, 2018, the Defendant responded to a total of 16 times via 16 telephone calls as shown in the attached Table of Crimes, such as setting up 20 short-term telephone calls for public opinion poll at the election campaign office and responding to support of C candidates for "E", in order to have an impact on the result of public opinion poll through response to the suitability of D market candidates for public opinion poll conducted in the interest management department of the Korea Information Co., Ltd.

2. On April 11, 2018, at around 14:44, the Defendant respondeded to support for C candidates in the same manner as Paragraph 1, at the location described in paragraph 1, and responded to a total of six times via a telephone call, as indicated in attached Form 1 (2).

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Each written answer by the defendant, F, and G;

1. Investigation report (limited to short-term telephone for election campaign office for the C candidate election campaign office);

1. The application of the Acts and subordinate statutes of reply to requests for cooperation in investigations, such as a written accusation, the official text of the Committee for Deliberation on Election of Public Officials (an accusation against a violation of Acts and subordinate statutes regarding election of public officials), the registration status of the results of public opinion poll

1. Article 256 (1) 5 of the relevant Act and Article 256 (1) 2 of the Election of Public Officials for the Selection of Punishment, and Article 108 (11) 2 of the Act (in cases of crimes on the same date, each of them shall be included), and the selection of each fine for the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in a violation of the Election of Public Officials Act, which is heavier than the punishment, on April 6, 2018);

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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