Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a teacher of B high school who is a private school.

No teacher of a private school shall conduct an election campaign except where a preliminary candidate or candidate is a spouse or is lineal ascendant or descendant.

Nevertheless, on April 9, 2016, the Defendant shared an article “D” with the Internet C’s own account in the Blue House on April 9, 2016, and “the mother of our society’s garbage species”

E. A notice of F’s instructions “in transit through the National Assembly-based society,” thereby engaging in an election campaign against a specific candidate, including the election campaign, in which he/she had an election campaign in the same manner 16 times from March 30, 2016 to April 10, 2016, as indicated in the List of Crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the statement made to G by the police;

1. Results of response to the results of civil petition treatment, and of measures taken for SNS election campaigns by education-related persons;

1. Each investigation report (including the documents attached Nos. 8, 11 and 11 of the evidence list);

1. Application of Acts and subordinate statutes of certificate of employment;

1. Article 255 (1) 2, the main sentence of Article 60 (1) 5, and Article 53 (1) 7 of the Act on the Election of Public Officials for the Prevention of Criminal Facts and the Selection of Punishment for the Election of Public Officials;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes stipulated in the violation of the Public Official Election Act No. 1, No. 5009, supra)

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

1. Determination 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 that the Defendant sharing another person’s writing on the account of his own name or posting another person’s writing added his opinion as stated in the facts charged of this case is merely a mere statement and expression of opinion that do not constitute an election campaign, and is within the area of freedom of expression permitted to a teacher of a private school.

2. The “election campaign” of the relevant legal doctrine is specified.