공직선거법위반등
The appeal is dismissed.
The grounds of appeal are examined.
1. Article 237(5)2 of the Public Official Election Act provides that “a person who obstructs a competition campaign or traffic or obstructs the freedom of the intra-party competition by means of deception, trick or other unlawful means” shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won.
Here, “the act of interference with the freedom of the intra-party competition” means an act corresponding to the act of interference with the competition campaign or traffic, that is, the act of directly impeding the competition campaign or the voting itself, and “the freedom of the intra-party competition” means “the freedom of the intra-party competition campaign” including the “right of voting” in the intra-party competition for the election of candidates for the election of public officials and the “right of the intra-party competition campaign” (see Supreme Court Decision 2008Do2737, Jul. 10, 2008). Of the freedom of the intra-party competition, “the freedom of voting” means the freedom of an elector to vote or not to vote for a candidate according to his/her will.
Therefore, it interfered with the act of voting against those who do not have the right to vote in connection with the competition at the party and who are not entitled to be the elector.
However, barring any special circumstance, barring any special circumstance, there cannot be a result of infringing on the freedom of voting for the elector, and thus, it cannot be said that the act interfered with the freedom of competition in the party.
2. The first instance court, based on its stated reasoning, cast a vote on the Defendant’s illegal use of H to C party’s general proportional representation online, to L who is proportional representation candidate.
Even if H did not have any awareness of the fact that he had no voting right and cast a vote in his name, the Defendant’s act is limited to the degree of abstract risk that impedes the freedom of good faith within the party, and directly interferes with H’s freedom not to cast his vote.