The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a national public official, who is a teacher of national school in Korea, who has worked in E from March 1, 2018 to August 31, 2018 under the jurisdiction of the CB Office of Education D Middle School.

No State public official provided in the State Public Officials Act shall carry out an election campaign.

Nevertheless, on May 30, 2018, the Defendant sent text messages to about 10 persons, such as volunteer teachers, using a mobile phone in the Defendant’s residence located in F on May 30, 2018, for election campaign by sending them to the 7th local election of Dong-si District Office of Education, with the following contents: “I believe the candidates for the former G Superintendent of the Provincial Office of Education.” After the superintendent of the Office of Education, there are 200 civic groups and H groups are waiting to create a pedago. It is too widely known, but it is too small to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (in relation to the verification of a suspect's workplace);

1. Certificates of employment, and summary of private records who are public officials;

1. Application of Acts and subordinate statutes to telephone call details (not more than 18 pages of investigation records), text records (27 pages of investigation records), and communication confirmation data and replies requested to provide communication confirmation data (not more than 155 pages of investigation records);

1. Relevant provisions of relevant Acts concerning facts constituting an offense and Article 49 (1) of the Local Education Autonomy Act, Article 255 (1) 2 of the Public Official Election Act, and the main sentence of Article 60 (1) 4 of the Public Official Election Act (generally, choice of fines);

1. Penalty fine of 800,000 won to be suspended;

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

1. The reason for sentencing under Article 59(1) of the Criminal Act ( normal circumstances favorable to the reasons for sentencing as follows);

1. The scope of punishment: Fines of 50,000 to 6 million won; and

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] [decision of types], illegal election campaigns in violation of the election campaign period, and the absence of types 2 (Violation of Methods of Election Campaign) [decision of the recommended area] basic area [the scope of recommendation] a fine of KRW 700,000 to KRW 2 million].