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(영문) 대전지방법원 2018.10.04 2018고합335
지방교육자치에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the principal of the Daejeon D High School among state public educational officials.

No public official shall conduct an election campaign, and conduct an investigation or announcement of the support rate of the electors for a political party or candidate.

Nevertheless, the Defendant, at around 07:21 on June 10, 2018, opened a group or toilet room with 69 persons, including E, from the Defendant’s house located in Daejeon-gu, a cell phone access to Kakakao Stockholm, with 69 persons from the Kakao Stockholm, and received in advance through SNS, “F will be audited by the SNS;

G, the result of the last public opinion poll on the election of the 2018 local election, “F 28.3%, H 17.5%,” and the web posters containing F’s pictures were posted on the instant Kakakao Stockholm group TV room. ② Around 07:59 on the same day, 96 persons, including I, etc., connected to the Kakao Stockholm from the same place, were first installed, and then posted the web posters containing the above contents.

As a result, the Defendant, while being a public official who is unable to carry out an election campaign, carried out an election campaign to make the F, which is a candidate for G candidate, and announced the support rate of the electors for G candidate.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the Kakao Stockholm photographs, the results of the last public opinion poll (No. 2), group hosting (No. 3), group hosting (No. 4) by 2018 local election local newspaper companies;

1. Article 49(1) of the Local Education Autonomy Act related to the facts constituting an offense, Article 255(1)2, Article 60(1) of the Act on the Election of Public Officials (the violation of the prohibition of election campaign by a public official), Article 49(1) of the Local Education Autonomy Act, Article 255(1)10, and Article 86(1)3 of the Public Official Election Act (the violation of the prohibition of announcement of support by a public official);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the violation of the Local Education Autonomy Act due to the violation of the prohibition of election campaigns by each public official and the announcement of support by public officials shall be prohibited.

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