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(영문) 대구지방법원 김천지원 2018.10.02 2018고합55
지방교육자치에관한법률위반
Text

Punishment on the accused shall be determined as a fine of 700,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

No one shall distribute, affix, spread, screen, or display an advertisement, letter of personnel management, poster, photograph, document, drawing, drawing, printed matter, tape, video tape, and others similar thereto, which contain the contents of supporting, recommending, or opposing a political party or candidate (including a person who intends to become a candidate) with the aim of influencing the election from 180 days before the election day to the election day, or which indicate the name of a political party or candidate, in contravention of the provisions of the Local Education Autonomy Act applicable mutatis mutandis to the Local Education Autonomy Act.

Nevertheless, from the end of January 2018 to March 13:00, 2018, the Defendant was scheduled to implement “E” in the Defendant’s wife D, which was operated by the Defendant’s wife D, on June 13, 2018.

The F 30 passport, a printed matter indicating the name of G in the preliminary candidate for election, and 50 posters for public relations in which the said G received the I education and research part, and the said G had the said books or posters for public relations, so that anyone visiting the said bread house can carry them, and distribute them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (second time);

1. Each police statement to J or K;

1. A report on investigation (related to attaching on-site photographs);

1. Application of Acts and subordinate statutes to photographs related to intelligence;

1. Article 49 (1) of the relevant Act and the Local Education Autonomy Act concerning facts constituting an offense, Article 255 (2) 5 of the Election of Public Officials Act, and Article 93 (1) of the same Act (excluding punishment for a penalty);

1. Articles 70 and 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 applicable sentences under law: Fines of 50,000 to 4 million won;

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] election crimes, illegal election campaigns in violation of the election campaign period, two types (violation of the method of special aggravation] or many unspecified parties, or repeated crimes for a considerable period of time.

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