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

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

Punishment of the crime

The defendant is a person supporting C candidate who was released from the election of the 21st National Assembly member on April 15, 2020 to a non-affiliated district B.

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

The defendant had expressed his mind to publicize the fact by distorted the fact as he obtained the highest support rate of the C candidate he supports.

On March 23, 2020, the Defendant posted an article in the name of the Defendant’s house located in the Gu-U.S. Si, the news gathering headquarters F, “G” on the Facebookbook, which can be seen by anyone, and written comments using the Defendant’s mobile phone with the following contents: “C wave from 3H; C1st 38%; I2nd 35%; and J3rd 23%.”

However, from March 27, 2020 to the 29th day of the same month, the result of the public opinion poll conducted by K Co., Ltd.’s “candidate support limit for National Assembly members” was 30.2%, J 34.2%, C13.4%, etc., and around April 5, 2020, the result of the public opinion poll conducted by K Co., Ltd.’s “candidate support limit” conducted at L, M and N’s request was 129.3%, J 49.1%, and C14.7%, and there was no result of public opinion poll with the same content as the comments posted by the Defendant.

As a result, the Defendant distorted the result of the public opinion poll on election.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act on the Promotion of Public Opinion poll conducted on April 5, 2020, the results of the Public Opinion poll conducted on March 27, 2020, the results of the Public Opinion poll conducted on March 27, 2020, and the Acts and subordinate statutes on the closure of each P

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;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

3. 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. The scope of recommendation types according to the sentencing criteria (the determination of types) shall be the publication of false facts and candidates for election crimes. [Type 2] The publication of false facts and the results of public opinion poll for the purpose of election.