beta
(영문) 대전지방법원 서산지원 2018.12.19 2018고합106

공직선거법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On July 10, 1989, the Defendant started a public service as a class 9 local public service and worked as a B Myeon from January 1, 2018 to July 12, 2018, and is a public official who works as the director of C Island from July 13, 2018 to July 13, 2018.

No public official or any person obliged to maintain political neutrality pursuant to Acts and subordinate statutes shall engage in any activity that affects the election, such as exercising undue influence on the election, by taking advantage of his/her duties or status.

Nevertheless, the Defendant, at around 20:34 May 17, 2018, has 24 persons, such as this Chapter 22 and vice heads F, and Gu public officials belonging to the Myeon Office, from “E cafeteria” located in D, the Defendant is now conducting a public opinion poll.

I For example, the liquor tax shall also be notified to the neighboring sections of the telephone;

^^ J 선택은 필수입니다

^^” 라는 내용의 메시지를 전송하였다.

As a result, the defendant used the status of the Chapter B in relation to the duties of the Chapter B, and committed an act that affects the election to the Chapter B.

Summary of Evidence

1. Statement by the defendant in court;

1. A photograph of the H Messenger that the Defendant transmitted;

1. Application of Acts and subordinate statutes to a report on internal investigation (the results of analysis of digital evidence on mobile phones of the victim) and a report on investigation (report on attachment of suspect mobile phone analysis data);

1. Article 255 of the Act on the Election of Public Officials and Articles 255 (5) and 85 (1) of the Act on the Election of Public Officials concerning Criminal Facts, and Selection of fines;

1. Penalty fine of 2,500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day converted);

1. Reasons for sentencing under Article 59(1) of the Criminal Act (the following conditions favorable to the reasons for sentencing) of the suspended sentence

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won;

2. Where the sentencing criteria are not set for a violation of the Public Official Election Act due to a violation of Article 255 (5) of the Act on the Election of Public Officials within the scope of the recommended punishment according to the sentencing criteria;

3. The decision-making accused of sentence shall consist of 22 vice-chairpersonss within the jurisdiction of B.