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

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

Punishment of the crime

No one shall publish or report by citing the details and result of a public opinion poll that makes it possible to predict the approval rating of a political party or the elected person in connection with an election from 6 days before the election day to the close thereof on

Nevertheless, on April 11, 2020, the Defendant sent text messages to the Defendant’s home located in Seoul, from 11:00 to 13:00, stating that “The result of the public opinion polls [E 53.1%, F32.5%]” from the Defendant’s cell phone (C) to the 848 elector, etc. using the Defendant’s cell phone (C).

Accordingly, the Defendant published the result of the public opinion poll that could predict the elected person in the election of the 21st National Assembly member from 6 days before the election day to the close thereof.

Summary of Evidence

1. Application of Acts and subordinate statutes to report (Presentation of Materials by Suspected Persons) internal investigation (No. 10 No. 5 of the evidence list) to the accused's court statement and written statement;

1. Article 256 (3) 1 (m) and Article 108 (1) of the Public Official Election Act and Article 256 (3) 1 (m) and Article 108 of the same 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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 4,00,000 won;

2. Non-establishment of sentencing criteria: The sentencing criteria are not set for a violation of the Public Official Election Act due to a violation of prohibition of publication of the results of public opinion poll;

3. Determination of sentence: A sentence unfavorable to a fine of KRW 500,000: The crime of this case is that the Defendant published the result of the public opinion poll using text messages during the period of prohibition of publication of the results of the public opinion poll, and that such an act may interfere with the elector’s free decision-making and undermine the fairness of election by hindering the elector’s free decision-making.

A favorable circumstances: The Defendant acknowledges all the crimes of this case, and repents the mistakes.

The scope and contents of the results of the opinion poll.