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(영문) 대구지방법원 2019.01.14 2018고합517 (1)
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No one shall answer two or more telephone numbers by taking measures, such as call transition, etc., for the purpose of influencing the results of a public opinion poll on election, and answer questions or direct, induce or induce such answers twice or more by the same person.

The Defendant is a member of a “C” group that was engaged in promoting B’s election campaign.

Around March 5, 2018, the Defendant opened ten telephone (G, etc.) using another region number in the name of the Defendant in the EF branch located in D, and responded six times to the PP candidate support for the I market, which was suffering from H, a public opinion poll institution, from March 17, 2018 to March 19, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Investigation reports (the details of subscription to the 1,543 short-term general telephone 1,543 short-term general telephone -1), investigation reports (referring to requests for the provision of communication confirmation data to confirm the telephone number for call-up and for the application for search and seizure warrants), investigation reports (the confirmation of the details of response requests made at least twice the call-up public opinion polls), investigation reports (related to the confirmation of the number of call-up for call-up, such as short-term general telephone 2 times or more), investigation reports (Attachment to the current status of persons to be entered and paid-in from among duplicate respondentss two times or more) (the current status of persons to be entered and paid-in), investigation reports

1. Relevant Article 256 (1) 5 and Article 108 (11) 2 of the Public Official Election Act concerning criminal facts and 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 punishment by law: A fine not exceeding six million won;

2. Scope of the recommended sentencing criteria: No sentencing criteria shall be set.

3. Determination of sentence: A fine of one million won shall have an influence on the results of a public opinion poll on election in order to promote the election campaign in B which was a preliminary candidate in I market.

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