공직선거법위반
Defendant shall be punished by a fine of KRW 1,200,00.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
No person shall disturb the order at the place of a speech or interview at an open place under the Public Official Election Act, the place of an interview or debate, or the place of a political party meeting by means of violence, threat, or other means, or interfere with the proceeding thereof.
Nevertheless, at around 13:43 on November 30, 2012, the Defendant, in front of the 18th presidential election district of Sejong Special Self-Governing City, stopped on the roads located in the Doggggdo, Sejong Special Self-Governing City, in front of the D candidate election tax belonging to the D candidate election district of the 18th presidential election, took a speech for support by the election campaign workers E while “F must take a bath and dance,” and took a dancing from the persons related to the C party, the Defendant’s house left the place of the speech, and returned to the above speech place and 30 minutes away from the Defendant’s body, thereby impairing the order of the speech place.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes to each investigation report (the attachment of suspect photographs, clothes worn by suspects, etc., accompanying photographs, reporting of the reporter H telephone conversations, etc. at the time of their withdrawal);
1. Article 256 (2) 1 (l) and Article 104 of the Public Official Election Act applicable to the relevant criminal facts and the selection of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed by the Defendant at a campaign speech place of the 18th presidential election and dancing at the campaign speech place, thereby disrupting the order by spreading his body, etc. Accordingly, the campaign workers, etc. seek support from the voters by publicizing the political party’s policies or the candidate’s political views.