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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
The defendant is a person serving as the director of the general affairs division of the B local government as a public official in B.
No public official shall conduct an act of surveying or publishing the support rate of the electors for a political party or candidate.
Nevertheless, at around 11:22 on January 7, 2018, the Defendant sent the result of the public opinion polls to the head of the B local government and the Vice-head of the B local government, i.e., the J, K, L, and M text messages, with the content of “the result of public opinion polls (C Press public opinion polls E 52.9 F 29.5 G 3.1)” received from D from D, and posted it on an organization N hosting at around 14:14 on the same day.
As a result, the defendant announced the support rate of the elector for the candidates for the B head of local government.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made to D by the police;
1. A written accusation;
1. Investigation report (the results from analysis of results of A digital sirens by suspects);
1. Determination as to the assertion by the Defendant, and the defense counsel on the abstract of the analysis of digital sirens, the capture of A text message messages, the details of A dispatch text messages, the current status of N group bank participants in the public opinion poll, and the assertion by the defense counsel
1. The main point of the argument is that the defendant's act of transmitting the defendant's text message and posting the message at a group N hosting room on the following grounds does not constitute "publication" as provided by Articles 255 (1) 10 and 86 (1) 3 of the Public Official Election Act.
Article 255(1)10 of the Public Official Election Act and Article 86(1)3 of the Public Official Election Act stipulate that the acts subject to punishment such as transmission, posting, screening, distribution, and announcement are subdivided, and there is no mentioning about transmission and posting activities.
B. The term “Announcement” under the Public Official Election Act is widely known to many and unspecified persons.
‘ means ‘.’