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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
(F) The suspended sentence of a fine of two million won, which is imposed by the court below, is too unfortunate and unfair.
Judgment
Examining the various sentencing conditions in the instant case, although the Defendant was prohibited from conducting an election campaign as a public educational official (the principal of a middle school), the instant crime was committed for the purpose of election campaign for D’s election by actively posting 24 times or more from April 11, 2018 to May 16, 2018, comments on the comments supporting D (referring to active service markets in which the Defendant was elected and served as a public educational official on June 13, 2018) that was sent to the E market as a candidate in the 7 simultaneous local election (hereinafter referred to as “social network service”), and is a kind of election campaign of other persons, such as the circumstances, methods, number of times of election crimes, activeness of crimes, activeness of crimes, and GK (hereinafter referred to as “so-called “social network service”).
If a user wants to express his/her own opinion more than other users’ G posts, he/she takes the “Good Embry” pressing, and intends to present his/her opinion, he/she uses the function of “Embrying”, and has tendency to use the function of “shareing” when he/she intends to store the posts.
In light of the possibility of access to many unspecified people to the crime, the nature of the crime and the circumstances are not somewhat weak. In particular, the crime of illegal election campaign not only damages the legislative intent of the Public Official Election Act intending to establish a democratic election climate through fair competition, but also violates the political neutrality of public educational officials and is not likely to cause social criticism.
On the other hand, however, the defendant shows his attitude to recognize all the crimes of this case and to reflect them in depth, and the original text, etc. that has been listed D's G.