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(영문) 제주지방법원 2020.09.21 2020고합108
공직선거법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall interfere with an assembly, speech or traffic, or interfere with the freedom of election by deceptive means, trick or other unlawful means, in connection with an election.

Nevertheless, at around 18:40 on April 4, 2020, the Defendant: (a) around D’s 21st election for the 21st National Assembly member who was in the vicinity B, sent to the candidate who belongs to the constituency C, (b) as D’s candidate, the Defendant deemed D’s election campaign workers E, etc. to make an election campaign speech on the excursion vehicle, and (c) obstructed the campaign speech on the election for about three minutes by driving the D’s election campaign workers on his hand, and (d) intending to keep the D’s election campaign workers close to the excursion vehicle, and (d) obstructed the campaign speech on the election for about three minutes by harming the campaign speech on the election for the 21st National Assembly member by hand.

Accordingly, the defendant interfered with the freedom of election by interfering with the speech on election.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to a list of 112 reported cases) and report internal investigation (video analysis submitted by a reporter);

1. Relevant provisions concerning facts constituting an offense and Article 237 (1) 2 of the Public Official Election Act (Selection of Fines);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of 2.5 million won to 15 million won; and

2. Determination of sentence shall be made as ordered in comprehensive consideration of the following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and the circumstances after the crime is committed:

D. Unfavorable circumstances: The crime of this case is not against the nature of the crime as an act detrimental to the freedom of election, which constitutes the basis of democracy.

The defendant recognizes the crime of this case and reflects on the favorable circumstances.

The defendant's act of obstructing the election was not limited to about 3 minutes, and it was actually election.

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