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(영문) 제주지방법원 2020.10.15 2020고합107
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

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 19:20 on April 9, 2020, the Defendant sent to the 21st election district D candidate for the election of the 21st National Assembly member in Jeju, the Defendant reported that the F Jeju Special Self-Governing Province Council members, E candidates, and election campaign workers of candidates E, etc., were campaigned on a pro rata vehicle, and they collected bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bits of social distance, and put up bit bits together with people. The Defendant expressed the desire to read bit bit bit bit bit bit bit bit s, and interfered with the speech on the election for about 11 minutes by using a loudspeaker.

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. Each statement of G and H;

1. Application of the Acts and subordinate statutes governing the storage of video files;

1. Article 237 (1) 2 of the Public Official Election Act, Article 53 and Article 55 (1) 6 of the Criminal Act concerning criminal facts; Article 237 (1) 2 of the same Act concerning selective punishment and discretionary mitigation of fines;

1. A suspended sentence under Article 59(1) of the Criminal Act (hereinafter referred to as “the conditions favorable to the reasons for sentencing”): In the event of failure to pay a fine of 2.5 million won: 10,000 won shall be confined in a workhouse for the period converted into one day (Articles 70(1) and 69(2) of the Criminal Act). The reasons for sentencing shall be determined as the disposition by comprehensively taking into account the following circumstances and the defendant’s age, character and behavior, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc.:

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.

A favorable circumstances: The defendant shall be present.

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