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(영문) 창원지방법원 2016.09.29 2016노1790

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, which is too unreasonable.

2. One-time book, the defendant confessions and reflects the facts constituting the crime, and the vote was held by the illegal candidate at the time when the candidate was withdrawn, and the defendant committed the crime of this case for the purpose of protest, etc.

Since it appears that there are circumstances that can be considered in the motive, it is advantageous to the fact that there are no other criminal records as well as fines imposed once due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On the other hand, due to the crime of this case, 50 copies of the ballot paper were damaged, the voting procedure was suspended, and the procedural legitimacy of the election of this case was infringed, and eventually, it seems that the legitimate candidate and the elector could have suffered damage difficult to recover due to the invalidation of the relevant ballot paper, the delay of the election and the decrease in credibility, etc.

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the circumstances surrounding the sentencing of the Defendant, and determined it within the reasonable scope.

Since the court below's punishment is too large, so it is not recognized as unfair.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.