업무방해
All appeals by the Defendants and the Prosecutor are dismissed.
1. The Defendants filed an appeal against the judgment of the court below on January 10, 2014, against which the judgment on the Defendants’ appeal was lodged. However, Defendant A was served on January 28, 2014; Defendant B was served on January 29, 2014 on the record that the facts that the Defendants did not submit the statement of grounds for appeal within 20 days from the delivery date of the receipt of the notification of grounds for appeal even if they were served on each of the above court on January 29, 2014, are apparent in the record; the petition of appeal does not contain any grounds for appeal; nor does there exist any grounds for ex officio examination on the record. Thus, the Defendants’ appeal is dismissed pursuant
2. Judgment on the prosecutor's appeal
A. The gist of the grounds for appeal is that each sentence of the lower court (a fine of KRW 500,00,000,000,000,000,000,000) is too unfford and unfair
B. The principle of general election, such as direct, equal, and secret voting of the party members who have the right to vote in the intra-party competition, is applied and the proxy voting is not allowed. The Defendants’ crime of this case is a serious crime of undermining the people’s trust that the procedure of the party’s intra-party competition will be conducted fairly, and the fundamental value of representative democracy and proportional representation system is a serious crime that is against the nature of such crime.
However, all of the facts of the instant crime are recognized by the Defendants; L supported by the Defendants appears to have a significant impact on the result of the instant competition because they were not elected to the National Assembly members; the number of party members who cast proxy voting by the Defendants is two in the case of Defendant A; the number of party members who cast proxy voting by the Defendants is only eight in the case of Defendant B; E was not sufficiently prepared for technical measures to prevent proxy voting while building the online election system; it appears to have been the cause of the instant crime; and that there was no criminal record exceeding fines against the Defendants.