Text
Defendant shall be punished by a fine of KRW 800,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No one shall publish or report the results of a public opinion poll that may predict the approval rating of a political party or the elected person in an election that has not been registered on the homepage of the central committee for deliberation on public opinion polls within 180 days before the election day to the close thereof
Nevertheless, around May 27, 2014, the Defendant announced the result of the public opinion poll on the F.O. candidate support plan and F.F.'s satisfaction without registration on the website of the Central Election Public Opinion Deliberation Committee by speaking that the Defendant was supported by the Defendant at least 60% of the F. U.S. electors at the entrance of the E market located in Gyeongnam-do.
As a result, the Defendant published the results of the public opinion polls anticipated on the elected persons in an election that is not registered on the homepage of the Central Election Process Deliberation Committee
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's statement concerning G and H;
1. The application of Acts and subordinate statutes to each investigation report (including preparation of a record of recording, reporting accompanied by a report on a public opinion poll, and reporting accompanied by registration-related data);
1. Article 256 (1) 2 and Article 108 (8) 1 of the Public Official Election Act concerning criminal facts;
1. Selection of fines;
1. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant published the result of the public opinion polls relating to election that was not registered on the website of the Central Committee for Deliberation on Public Opinion polls relating to election during the election period. Such crime is not only detrimental to the purpose of legislation of the Public Official Election Act, which intends to secure the fairness of election by strictly limiting the procedures, methods, timing, etc. of publication or report concerning public opinion polls that may have a significant influence on the election result, but also decides on the candidate of the voters.