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(영문) 광주지방법원 순천지원 2019.05.02 2018고합221 (1)
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On February 2, 2018, the Defendant was sentenced to two years of suspension of the execution on April 13, 2018, for the punishment of injury by occupational negligence, etc. in the Gwangju District Court’s net support, and the judgment was finalized on April 13, 2018.

【Criminal Facts】

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 instruct, induce or induce such answers twice or more by the same person.

On February 8, 2018, the Defendant, at the office of “C” operated by the Defendant, had 10 short-term excursion ship telephone lines installed in the name of the Defendant using mobile phones (D) in the name of the Defendant. The Defendant, at the 7th nationwide election local election market, registered as a preliminary candidate belonging to H party in the name of the Defendant, and the Defendant, at the 7th regional election market, registered as a preliminary candidate belonging to H party in the name of the Defendant, had opened a large number of excursion telephone calls in the name of the Defendant. As such, the Defendant responded to the repeated response so that the F’s support rate may increase.

On March 10, 2018, in order for the Defendant to measure the support rate of preliminary candidates in the G market, the Defendant respondeded to nine times in total when the phone calls for a public opinion poll from the wire phones installed in the constituency were converted to the call as above, and the Defendant received the phone in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Details of false answers, such as gender and age of I public opinion polls;

1. Investigation report (Attachment of an application for subscription to a short-term telephone call);

1. Previous convictions in judgment: Criminal history records (A) and Acts and subordinate statutes shall apply to criminal investigation reports (Attachment to judgment of stay of execution of a suspect);

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