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(영문) 대전지방법원 서산지원 2016.12.15 2016고합54
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a public educational official as a teacher of E elementary school located in Siljin-si D, and a public official is not allowed to engage in an election campaign, notwithstanding the fact that the Defendant is unable to engage in an election campaign, the Defendant, using his own Facebook account, 1) around March 26, 2016, in the Defendant’s residence located in Sejong Special Self-Governing City F apartment 105 Dong 406, and in the Defendant’s residence located in Sejong Special Self-Governing City, the Defendant, “G,” written by “G,” stated “IJ” as “Sil and well-known,” and stated as “Sil and well-known.” 2) The portion prepared by “K” at the same place on April 7, 2016, which was declared as a person who reported, thereby extinguishing the demonstration for the original copy of Sejong City at the time of L in 2009.

N. He knows N. I.D. L. S. H. H.T.T.N.

J.S.T.S.T.

A total of two times of election campaigns was conducted by 'sharing’ a notice containing a word "final".

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning P;

1. Responses to the results of civil petition treatment;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of suspect's SNS posts), Internet site-folgs, closure of SNS posts, investigation reports (verification of pagebook posts), investigation reports (National Election Commission's political information, and results of candidate list search);

1. Article 255 (1) 2 of the Public Official Election Act and Article 60 (1) 4 of the Public Official Election Act (elective of fines) concerning facts constituting an offense;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (limited to concurrent crimes with punishment prescribed for a violation of the Public Official Election Act on April 7, 2016), among concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is not for the purpose of actively and systematically promoting the election or the defeat of a particular candidate, but for the ordinary time, articles or photographs that the defendant is interested or thought to have a meaning.

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