A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On June 28, 2013, the Defendant was sentenced to three years of suspension of execution on September 4, 2014 from the Gwangju District Court's Netcheon Branch for the crime of non-compliance with the withdrawal.

The Defendant is a CGun resident residing in Jeonnam-gun and opposing D of a candidate for C/Gun in the 6th nationwide local election conducted on June 4, 2014, and was registered as a candidate, election campaign manager, chief of the election campaign liaison office (hereinafter referred to as “candidate, etc.”) in relation to the C/Gun election, or was not designated as a campaign speechmaker from a candidate, etc.

No one shall use a loudspeaker system for an election campaign, or publish false facts about a candidate or his/her spouse, etc. disadvantageous to the candidate by means of a speech, etc. for the purpose of preventing an election from being elected, except where it is used for a campaign speech or interview at an open place or debate place under the Public Official Election Act, and slander a candidate by openly pointing out

On May 24, 2014, at around 08:10, the Defendant repeatedly made a statement that “The public documents are forged and falsified, and the F Reclamation Chapter is operated illegally in the vicinity of G” by using a portable loudspeaker against many unspecified audience who combine with or have reported on the tax of C/Gun candidates D, which were going to the F Station of C/Gun, in the vicinity of the F Station that was going to Korea, 08:10, on May 24, 2014. Many portion of C/Gun citizens and garbage reclamation sites are operated illegally in the vicinity of G.”

However, there was no fact that the C/Gun candidate D forged the official document at the time of his/her employment or illegally installed and operated the waste reclamation site.

Nevertheless, for the purpose of preventing D from being elected, the Defendant published a false fact publicly so as to defame a candidate, and at the same time, violated restrictions on the use of loudspeaker systems.