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Reasons
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(영문) 대구지방법원영덕지원 2020.08.13 2020고합10
공직선거법위반
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant supported the E candidate who was born from the 21st Permanent Residence in April 15, 2020 to the election of the National Assembly members of the 21st Permanent Residence in the 21st Permanent Residence in the 2020s.

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

At around 12:30 on April 7, 2020, the Defendant sent to 23 persons, including I, who are the persons having the right to vote in the above constituency, a Kakakao message containing “B-Gun public opinion poll: 48%, E26%, and H14%,” although the Defendant did not have conducted a public opinion poll for the candidates going out of the above constituency and there was no public opinion poll for the said constituency conducted in relation to the above election district.

Accordingly, the Defendant distorted the results of the public opinion poll on the election of National Assembly members of the 21st Permanent Residence Group.

Summary of Evidence

1. Defendant's legal statement;

1. Each written reply to J and I;

1. Each report on investigation;

1. Application of the relevant Acts and subordinate statutes to a written accusation, written public opinion pollss, published or reported, and printed materials;

1. Relevant provisions of relevant Acts concerning criminal facts and Articles 252 (2) and 96 (1) of the Public Official Election Act for the selection of punishment;

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 applicable sentences under law: Fines of three million won to twenty million won;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] [Attachment 2] Publication of false information for the purpose of election [Special Convicted Persons] - Where the other party is small or low in terms of dissemination, the element of mitigation] of the recommendation [where the other party is small or low in terms of diffusion, the scope of the recommendation field and recommendation type] of the basic area, fine of KRW 4 million to KRW 8 million [the crime of distorted publication or report of the results of public opinion polls (Article 252(2)] shall be included in the category 2, but the lower limit of the sentencing range of fines for the mitigation area shall be double].

3. The following circumstances are specified in the sentence of sentence:

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