업무방해
The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C shall be punished by a fine of KRW 15,000,00.
1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the Defendants (the defendant A: 8 months of imprisonment, 2 years of suspended execution, 160 hours of community service order, confiscation, 2 years of suspended execution, 2 years of suspended execution, 160 hours of community service order, 3 months of suspended execution, 6 months of suspended execution, 2 years of suspended execution, 120 hours of community service order, 120 hours of confiscation, 2
(2) On the 3rd trial date, Defendant A and B explicitly withdrawn the assertion of mistake of facts on the 3rd trial date). The fact that Defendant A and B recognized the criminal facts of this case and reflects their mistake, and that the result of the public opinion poll is not likely to be much distorted due to the crime of this case. Defendant A and Defendant B, other than the record of suspended sentence, have no specific criminal history, are recognized as normal conditions favorable to Defendant A and B.
However, the preliminary competition or competition in the party is the basic stage for realizing representative democracy. The crime of this case, which resulted in a risk of distort the public will by systematically participating in the public opinion poll process agreed as one of the competition methods, is ultimately an infringement on the fairness of election, and the crime of this case is ultimately a crime that infringes on the fairness of election, and is likely to bring about social harm, such as causing the dissatising of general voters' political and fair elections. Defendant A and B appear to have planned and executed the crime of this case under the lead of Defendant A and B, and other circumstances that are conditions for the sentencing of this case, such as the motive, background, means and result of the crime of this case, the circumstances, criminal records and health conditions after the crime of this case, are considered to be adequate and excessive, and thus, Defendant A and B's assertion is not reasonable.
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