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(영문) 대전고등법원 2015.06.03 2015노82
지방교육자치에관한법률위반
Text

1. Part of the judgment of the court below against Defendant A and Article 2-A of the decision of the court below against Defendant B

Part of the crime, Defendant C.

Reasons

1. The summary of the grounds for appeal (Defendant A: fine of KRW 3 million for the crime of KRW 2-1 million for the crime of KRW 3 million, fine of KRW 1 million for the crime of KRW 3 million for the judgment of the court below, and KRW 2 million for the crime of KRW 2-2,00,000 for the judgment of the court below, and KRW 50,000 for the crime of KRW 3,00 for the judgment of the court below) is asserted that the defendants are too unreasonable, and the prosecutor asserts that the above punishment against Defendant B is too uneased and unjust.

2. Determination

A. Defendant A distributed name cards of preliminary candidates G in front of the building, which is one of the “place where many people visit or gather” stipulated in the Rules on the Management of Election in Public Offices, as the spouse of G, a preliminary candidate, the superintendent of education, the 6th nationwide provincial elections.

Since these crimes of the defendant impair the fairness of election, it is necessary to ask the defendant who violated them to bear the corresponding responsibility.

However, the following facts are revealed: (a) the Defendant was late divided and reflected in depth of his mistake; (b) the Defendant did not have any particular criminal history; (c) the Defendant did not have any specific criminal history; (d) the Defendant’s circulation of name cards distributed by him is relatively minor; (b) the Defendant’s distribution of name cards outside the frontline without entering the building of sexual party is permitted; (c) there are circumstances leading to the instant crime; (d) the motive and circumstance of the commission of the commission; (c) the resignation of the preliminary candidate G does not have any influence on the result of the election; and (d) there appears to be no effect on the Defendant’s resignation; (d) all the sentencing conditions shown in the instant argument, such as age, character and nature, environment, motive, means and consequence of the commission of the Criminal Procedure Commission; and (e) violation of the method of election campaign (type 2) [the decision of type] in violation of the election campaign period for the election campaign group in violation of the election campaign period.

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