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The judgment of the court below is reversed.
Defendant
A The fines for negligence of KRW 6,00,000, and Defendant B and C of each fine of KRW 3,000,000.
Reasons
1. The summary of the grounds for appeal by the Defendants: The punishment imposed by the lower court on the grounds of unfair sentencing (eight months of imprisonment and one year of suspended sentence) is too unreasonable.
2. As a result of the broadcast company’s opinion poll conducted between April 16, 2018, the Defendants sent text messages stating that “F, a candidate for the intraparty competition of the E-political Party D market, 2 above-mentioned” and “F, a candidate for the intraparty competition, 1st class from April 22, 2018, may belong to the E-party electoral group for the purpose of obtaining recommendation as a candidate for a political party by giving first class from the voting of the E-party electoral group for the intraparty competition conducted between the two titles from April 22, 2018.”
Defendant
A was in charge of planning at the F candidate election office by holding the post of severe weather alerts or office, Defendant B supported F in the post-school relationship with F for a long time, and Defendant C had an interest with F as F’s wife.
Defendant
A, as seen above, planned and implemented the way to send text messages that direct, induce, or induce a false answer to the general public opinion poll, and Defendant B sent text messages to Defendant A with a proposal on how to send text messages from Defendant A. Upon correcting the text messages sent by Defendant A, and sending text messages that Defendant A instructed, induce, and induce a more explicit response. Defendant C sent the above text messages to the view that Defendant C should secure more even if it reported the text messages sent by Defendant A.
Public opinion poll for the intra-party competition is necessary to ensure the fairness and reliability of the procedures and methods. The Defendants' actions are intended to induce distorted public opinion poll by manipulating samples of the intra-party competition.