업무방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Error-misunderstanding1) The Defendant is the Defendant: (a) the E is an apartment complex of the Busan Seo-gu C2 and three complexes (hereinafter “instant apartment complex”).
(3) In order to prevent the unauthorized use of the official seal of the election commission without due process, such as a resolution of the election commission, the official seal of the election commission was inevitably kept in another place, and there was no intention to interfere with the affairs of the election commission. ② All apartments’ official seal is affixed with the public announcement number and official seal. The instant public announcement “written public announcement of recruitment of assistant personnel for election management,” “written public announcement of recruitment of assistant personnel for election management,” “written public announcement of recruitment of assistant personnel for election management,” and “the third additional registration of candidates for each Dong representative” did not have the official seal number and the official seal of the election commission.
B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s penalty of KRW 2 million is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
The lower court recognized the Defendant’s charges of interference with the instant business from May 22, 2013 to June 8, 2013 as concurrent crimes.
However, the facts charged of the crime of interference with business of this case are identical or adjacent to the date and place of the crime, and the legal interests of damage are also identical to a series of acts conducted continuously for a single and continuous period below the crime, so it is reasonable to view that the crime of interference with business of the victim's apartment building election commission constitutes the crime
Nevertheless, this.