logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2018.11.29 2018고합49
공직선거법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a public official as the principal of C secondary school (public school teachers) in B, and D is a person who was elected as a candidate for F Party in the 7th E market election on June 13, 2018.

No national or local public official shall engage in an election campaign.

Nevertheless, the Defendant, at around April 11, 2018, declared that the head of the above C secondary school school by using a computer for the seven-time election campaign event in D’s room, “The head of the Si, the candidate, and the sponsor shall be the one who is the Chief of Justice, in consideration of the spirit of Saemaul.

I would like to provide support to the market.

In addition to preparing and posting comments on “....”, from the time to May 16, 2018, the election campaign was carried out for the purpose of getting D elected by preparing and posting 24 comments on supporting D, such as the written list of crimes, from the time to May 16, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. A written accusation;

1. Report on the results of analysis of digital evidence;

1. The application of Acts and subordinate statutes that prohibit public officials from participating in elections and request cooperation in fair elections;

1. Article 255 (1) 2 of the Act on the Election of Public Officials and the main sentence of Article 60 (1) 4 of the Act on the Election of Public Officials in regard to the facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Election of Public Officials Act on May 16, 2018, with the largest penalty);

1. Punishment to be suspended: Fines of two million won;

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

1. The freedom of political expression and the freedom of election campaign shall be guaranteed to teachers, who are public officials for the reason of sentencing under Article 59(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing). However, in light of the constitutional spirit that declares the political neutrality of public officials and the political neutrality of education, and the purport of relevant statutes, the freedom of political expression and the freedom of election campaign may be limited within a certain scope, and this is the Constitution.

arrow