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(영문) 대전지방법원 천안지원 2016.12.08 2016고정247

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 2, 2012, the defendant was the president of the council of occupants' representatives in the Gangnam-gu Seoul Metropolitan City, and from November 2, 2012, the above council of occupants' representatives and the defendant's spouse D's spouse dispute with the name of the child care center operated by the C apartment welfare Dong.

On April 16, 2015, the council of occupants' representatives held that the council of occupants' representatives constituted the election commission (five members, E, etc.) in accordance with the decision of recommending reconciliation by the Daejeon District Court on April 16, 2015, and the election commission announced the representative of each building as the election day on May 14, 2015.

Defendant on June 7, 2015

6.8.In around 8.0, in the above C apartment complex, in order to interfere with elections by each Dong of the election commission, which is disadvantageous to the above C apartment complex, and to interfere with the election by Dong of 113 residents.

The title "(Omission)" indicates that the F of 113 candidates was sent to the same representative in order to change the main trading place of management expenses.

4. 113 All candidates for the 113 East Representatives shall be employees working for the NAFF.

Our management fee is transferred from the post office to the NAF to the NAF under the condition of changing it from the post office.

113 other lawful candidates have the honor to treat disqualifications and to make F as a representative on the grounds of equitable grounds.

5. The election management members of the 113-dong residents' 113 election management members illegally distributed printed matter containing false facts to the occupants so that they may not unlawfully elect their representatives.

Accordingly, the defendant spreads false facts and solicits occupants to participate in the election, thereby hindering the election management of the election commission.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of investigation report (F telephone conversations of witnesses);

1. Application of Acts and subordinate statutes stating illegal inducements;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (1) of the choice of punishment (generally, choice of fines);

1. The Criminal Act for the detention of a workhouse;