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Defendant shall be punished by a fine of KRW 2,500,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On April 11, 2012, the Defendant was a candidate for the F Party in the 19th election for the National Assembly member on April 19, 2012.
Around 19:00 on April 2, 2012, the Defendant, at the second floor conference room of the Jinhae-gu Election Commission located in the Yellow Sea-gu, Jinwon-si, Changwon-si, the Defendant: (a) proposed a presentation for a TV broadcast debate held by the Defendant and G candidates; (b) sought an explanation from H in the instruction and publicity division H that “I cannot hold a TV broadcast debate of the Defendant’s TV broadcast” from the above broadcast publicity division H that “I would not hold the Defendant’s TV broadcast debate. I would like to say, “I would like to go to go to the opening of the G candidates. I would like to go to go to the opening, I would like to go to go to.”
Summary of Evidence
1. Partial statement of the defendant;
1. Determination as to the defendant and defense counsel's assertion of each legal statement of the witness H, I and J
1. The gist of the assertion lies in the fact that the Defendant, at the time and place stated in the facts charged, expressed the same motive as the entries in the facts charged. However, there was no fact that he throwed a notice of election broadcast debate on the floor or laid off his clothes, and there was no fact that he attempted to see H, and there was no other specific threat of harm and injury. Thus, the Defendant cannot be said to have threatened H.
2. In order for a crime of intimidation to be established, it should be sufficient to cause fear to a person generally in light of various circumstances after the act was committed, such as the other party’s tendency, surrounding circumstances at the time of the notification, and the degree of friendship and status between the perpetrator and the other party. However, as long as the other party perceived the meaning of the crime by notifying harm and injury, it does not require fear to the other party in reality, regardless of whether the other party realistically made a fear. The elements of the crime are the elements of the crime, regardless of whether the other party realistically made a fear.