logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.01.26 2016고합522
공직선거법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is the public educational official who works as a teacher of public C High School in Suwon-si, Suwon-si, and the public educational official shall not engage in an election campaign.

Nevertheless, on February 21, 2016, the Defendant connected the Defendant’s smartphone to “D (E)” his social network services using his/her smartphones, and the head of F Chapter G tried to refer to “Labor Human Rights Attorney H H’s main crime of suppression of murder in Yongsan,” and the head of F Chapter G tried to refer to the Defendant’s main crime of suppression of murder by using his/her smartphones.

“The content of the 20th National Assembly member’s 20th election, as indicated in the list of crimes in attached Form 20 from around that time to March 25, 2016, read the 20th election of the 20th National Assembly members and the 30th election campaign by objectively expressing the consent or opposing opinion of a specific candidate or political party in connection with the 20th National Assembly member election by sharing the 20th National Assembly member’s news, and by sharing the 20th election by sharing the 20th election of another person’s news, as described in the list of crimes in attached Form 20.

2. The Defendant’s act of asserting that the Defendant and his defense counsel constitutes “a simple statement and expression of opinion on an election” under the proviso of Article 58(1)1 of the Act on Election of Public Officials and thus does not constitute an election campaign.

Even if the defendant's act constitutes an election campaign, the illegality of the defendant's act is excluded as it does not violate social rules.

3. Determination

A. A person of relevant legal principles is, as an original social and political existence, naturally prepare social activities and political activities.

However, in the representative democracy system, the election is required to realize the sovereignty of the people, the principle of residents' autonomy, the right to vote of the people and the right to hold public office.

arrow