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(영문) 대구지방법원 2018.10.26 2018고합408
공직선거법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant was a preliminary candidate in B

C’s election affairs are directors, and C was registered as a candidate for the preliminary candidate to the B market on February 13, 2018 at the 7th simultaneous local elections implemented on June 13, 2018, but was excluded from D Party B’s competition on April 9, 2018.

1. No one shall answer at least two telephone numbers on at least two occasions by taking measures, such as call forwarding, etc., or instruct or induce the same person to give answers at least two occasions in order to have an influence on the results of a public opinion poll on election;

A. On February 19, 2018, the Defendant sent back to his/her cell phone after opening 20 telephone calls (G, etc.) using other region numbers in the name of the Defendant from F located in Busan-si around February 19 to 20, 2018.

In addition, on March 17, 2018, around 19:22, the Plaintiff responded to the “C support” response to the “C support” call in the verification of the support rating for the B market suffering from H, a public opinion poll institution, as well as to the “C support” response to the “C support” on the said call call from March 3, 2018 to March 18, 2018.

Accordingly, the defendant responded to two or more telephone numbers by taking measures such as call forwarding in order to influence the results of public opinion poll on election.

B. On February 18, 2018, the Defendant soliciting a duplicate response order for a call call shall be changed to a radio call to open ten new telephones in the nearest L that a public opinion poll was started in various media from the date.

The 10 telephone numbers are 10 numbers which are different as much as possible from the number they choose.

Accordingly, since the number of 10 different telephones have been changed to a mobile phone of scarphers, the public opinion poll will ever become a part of the phone.

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