업무방해
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of 300,000 won.
The defendant above.
1. The principle of common equality and direct election under the Constitution should be applied and observed in light of the summary of the grounds for appeal (deficiencies, misunderstanding of legal principles).
In addition, it cannot be deemed that BI political party allowed a proxy vote in the party competition to be held in front of the 19th National Assembly member election, which was held on April 11, 2012, and to recommend candidates for proportional representative National Assembly members (hereinafter “instant competition”).
It refers to Q, including the Defendant, who delegated an acting vote on behalf of the Defendant, or who cast an acting vote on behalf of the Defendant on behalf of the Defendant at the competition line in the instant case.
It is clear that the conduct of BI party interferes with the competition management.
Nevertheless, the lower court acquitted the Defendant, etc. by misapprehending the facts or misapprehending the legal doctrine.
2. Determination
A. The summary of the facts charged was that BI political party, from March 14, 2012 to March 18, 2012, by means of direct voting, electronic voting, or mail (in the case of absentee voting).
Defendant
In a ballot box by means of electronic voting, etc., by allowing another elector to cast a proxy vote by notifying him/herself or at the request of another elector of his/her own unique certification number, or by identifying the unique certification number of other electors, he/she interfered with the management of the competition affairs of a person in charge of the competition affairs of BI political party by causing a site not to know that he/she does not cast a proxy vote, or by causing a misunderstanding that he/she cast a direct vote by means of deceptive means.
B. The lower court determined that the principle of general equality and direct election cannot be deemed to apply to competition in the party competition for recommending candidates for election of public officials of political parties, and that BI political party was transmitted from the competition in the party competition to the mobile phone number registered on the roster of party members.