업무방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is unreasonable because the sentence of two years of suspended execution and the sentence of 160 hours of community service order is too unreasonable for six months of imprisonment sentenced by the court below.
2. The instant crime was committed on behalf of the Defendant, a party member, by transmitting a mobile phone authentication number from the electors of the candidates for proportional representation, on-line voting for the candidate supported by him. The list of proportional representation candidates is determined by the political party’s result. Considering the C party’s support rate at the time of the instant crime, the Defendant’s intra-party competition in which the Defendant was involved had the nature of the procedure to indirectly select the National Assembly members within a certain scope. However, even though the Defendant was aware of the aforementioned circumstances, it is recognized that the issue was not somewhat unfavorable, such as the Defendant’s trust of the general public, and damages the fundamental value of representative democracy and proportional representation system, i.e., protecting the C party proportional representation by taking advantage of the benefit of the strike, and the elector voting by the Defendant is up to 41.
However, the defendant recognized all the crimes of this case when he was in the trial, divided the errors, and the J supported by the defendant was eventually not elected as a member of the National Assembly. As a result, the crime of this case led to no significant influence on the result of the competition of this case, most of the voters who cast proxy voting were the defendant's family members, relatives and figures, and the defendant was given a certification number with the consent of these electors, some voters were allowed to designate a person to be cast a vote and delegate the voting to the defendant, and there was no circumstance to see that the defendant committed the crime of this case in order to gain or obtain personal benefits, and that the defendant was a first offender who had no record of criminal punishment before.