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(영문) 서울동부지방법원 2013.10.22 2013고정1027

업무방해

Text

Defendant

Punishment for A shall be determined by fine of KRW 700,00 and fine of KRW 500,00 for Defendant B.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the victim's "E Apartment Election Commission" in Gangdong-gu Seoul Metropolitan Government, and the defendant B is the 107 Dong representative of the above apartment.

On April 24, 2012, the council of occupants' representatives at the above apartment units requested Defendant A, the chairperson of the election management committee, to conduct a special election due to the vacancy of the same representative, and accordingly, on June 12, 2012, the above election management commission established a special election schedule and a plan for the election of the same representative and that accordingly.

6. On June 26, 2012, the public notice of candidate election was published and the special election procedure was initiated, but Defendant A left the office without signing even if he did not attend the subsequent meeting or present at the subsequent meeting of the election commission meeting.

Therefore, three members of the election commission who fall under 1/3 or more of the election commission were required to convene a meeting on June 29, 2012 in accordance with the relevant regulations of the election commission, and accordingly, the election procedure publicly announced as a result of the resolution by the election commission meeting on July 2, 2012 was conducted.

Defendant

A, around July 2, 2012, around 19:54, at the entrance bulletin board of the above apartment building 101, 102, on the ground that the election is being carried out without his/her consent, A arbitrarily removed the election announcement door attached to it.

In addition, Defendant A, through the apartment broadcast around July 3, 2012, listened to the fact that the candidate is voting in the way of door-to-door voting at four times, including 101, 102, 105, 106, and 106, each of which is one person, and ordered Defendant B to suspend the voting by calling to Defendant B “B representative or election to be suspended, to be suspended, and to be suspended,” and accordingly, Defendant B discovered that around July 3, 2012, around 20:38, Defendant B carried out the door-to-door voting by carrying a ballot box with Defendant F and G, a member of the Election Commission, and G, an apartment security guard, and carried out the door-to-door voting with Defendant B.