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(영문) 전주지방법원 2018.10.12 2018고합190

공직선거법위반

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

The defendant is a public official of Grade VI in local facilities as the head of the transportation and road facility team for the construction of the D military office, a person who served from July 2014 to April 2017 as a secretary for the performance of E/GunF, and the E/GunF is a person who intends to become a candidate for E/Gun in the 7th local election, and a public official shall not engage in any act that may influence the election, such as promoting the achievements of his/her employees or constituency residents, regardless of the pretext of education, etc.

Nevertheless, around February 23, 2018, the Defendant posted a article of “M” of the LO press on the same day as the article of JJ on February 14, 2018, including the photograph of E Gun F, on the same purport as the article of “K” on the same day, where the performance ratio of the commitment of E Gun F would reach 97.5%, in the Kakao Stockholm group reading room (hereinafter “I”) in which H residents, including the Defendant, are participating at the 08:36 office of road facilities team.

As a result, the Defendant, who is a public official, promoted the achievements of FE head to the residents of the election district who want to be a candidate in the 7th local election, thereby affecting the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to N orO;

1. Attachment photographs, photographs of theO's cell phone images, data to be submitted (L press newspaper articles), photographs posted by a suspected person on Kax, L press articles, J press articles, and personnel record cards of public officials;

1. Application of Acts and subordinate statutes of each report on internal investigation (the sequence 3, 10, 20, 22 of the evidence list);

1. Article 255 (1) 10 of the Act on the Election of Public Officials and Articles 86 (1) 1 of the same Act concerning facts constituting an offense and Article 255 (1) 1 of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding six million won;

2. Application of the sentencing criteria;