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(영문) 창원지방법원 2016.08.12 2016고단1592

업무방해

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a driver who belongs to C Co., Ltd. in Kimhae-si, and was an elector of the D branch office of the Korean Automobile Trade Union, the Busan Busan District Bus Trade Union D branch office, which was conducted on March 25, 2016 from 09:00.

On March 25, 2016, at around 13:25, the Defendant: (a) contained in plastic containers (20~30 locks) an in-house test color excess in order to ensure that E, who is not qualified as a candidate, opens as a candidate in the voting room of the second floor conference room around March 25, 2016, opens up in advance the ballot box at the entrance of the ballot box, thereby damaging 37 pages of the ballot box and suspending the voting procedure.

As a result, the defendant interfered with the election of the head of the branch office D of the Korean Automobile Union, Busan District Bus Union D by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Unfavorable Conditions] The defendant interfered with his election duties and has not been elected until now (a favorable condition] the defendant reflects the defendant's wrongness, and the defendant has no same criminal record.