The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The State public officials provided for in Article 2 of the Act shall not engage in election campaign.

The defendant is a public educational official who is a public official in specific service as B elementary school teacher.

On January 28, 2016, the Defendant posted the Defendant’s residence of Chuncheon apartment C apartment unit D in the way that he/she shares the press articles of the title “F” by accessing the Defendant’s Internet account, which is a social network service, using the Defendant’s computer, and puts up a notice in the way that he/she expresses his/her opposition to H political parties in relation to the election of the 20th National Assembly members of 20th National Assembly, including expressing his/her opposition to H political parties, on four occasions, such as the list of crimes in the attached list.

Accordingly, the defendant, even though he could not carry out an election campaign, carried out an election campaign.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Responses to the results of treating civil petitions and reports attaching certificates of suspect employment;

1. The application of Acts and subordinate statutes to investigation reports (SNS posts posted by suspects);

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 an offense of violation of the Election of Public Officials Nos. 4 of the List of Crimes with the largest penalty);

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion of the Defendant and his defense counsel under Article 59(1) of the Criminal Act (Consideration of sentencing) of the suspended sentence

1. The summary of the Defendant’s political opinion is the abuse of public prosecution power to extract only certain notices among various notices that express the Defendant’s political opinion.

② The Defendant invoked each notice on his account in the form of “joint ownership” or partly added his opinion.