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(영문) 춘천지방법원 강릉지원 2018.09.20 2018고합69
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the head of planning division of the branch conference.

No one shall publish or report the results of a public opinion poll on election in a distorted manner.

Nevertheless, the Defendant, from June 7, 2018 to June 16:25, 2018, intended to support E Apartment 110 30 dong 308, and 7 simultaneous local elections FF market candidate from around 15:25 to 16:44 on the same day, to use mobile phones in the “H candidate office in which a public opinion was conducted,” even though there was no fact that a public opinion was conducted at the office of the H candidate office in which he actually belongs, the Defendant used the mobile phone.

G 34%, I, J, H 12% Possibility 1

G. Subdivision to the end of a variety of minutes.

A The text message of the words " was made and sent to 97 persons who are paper D over five times.

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. A written accusation;

1. Data to be submitted in the form of a closure photograph and a detailed statement in the currency of each letter;

1. Requests for answers to confirm facts, statistics of local elections of G1F in 2018, and cause of lectures;

6. 13. 13. Application of the Acts and subordinate statutes of the F market public opinion poll, the results of the 7th simultaneous local public opinion poll, and the Acts and subordinate statutes of the Gangwon-do local public opinion poll (F).

1. Article 252 (2) and Article 96 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials (the selection of fines, including those distorted in public opinion polls);

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. Although the sentencing guidelines are set for distorted publishing activities distorted as a result of the public opinion poll on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the above sentencing guidelines are not applied since the statutory penalty was changed after the decision and enforcement date of the sentencing guidelines. [The statutory penalty under Articles 252(1) and 96 of the former Public Official Election Act (amended by Act No. 13617, Dec. 24, 2015) was punished by imprisonment for not more than three years or by a fine not exceeding six million won.

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