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(영문) 인천지방법원 2015.10.16 2015노2581

업무방해

Text

Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s punishment (fine 1.5 million won) by the lower court is too unreasonable.

B. The Prosecutor’s sentence (Defendant A, B: each fine of KRW 1.5 million, Defendant C, and D: each fine of KRW 500,000) is too uneased and unreasonable.

2. In the case where the Defendants were in the trial of the lower court, the Defendants were led to the confession and reflect of all the instant crimes; H political party did not sufficiently prepare technical measures to prevent proxy voting while building the election system related to the instant competition; in attempting electronic democracy, the Defendants’ crime of this case was committed under the circumstances where the precedents on whether to allow proxy voting and the permissible scope of permission were unclear; and the act of proxy voting was not connected with financial gain; the Defendants’ crime of this case was committed under the favorable circumstances, such as the following: (a) the Defendants’ trust of the general public; (b) the protection of H party proportional representation and proportional representation system did not violate the fundamental value of representative democracy and proportional representation system; and (c) the liability for such crime was not easy; and (d) the degree and details of the Defendants’ involvement in the instant offense, the number of times of proxy voting, criminal records, age, the circumstances before and after the commission of the crime, etc.; and (d) the various sentencing records and arguments revealed in the record and arguments, the court below’s judgment is adequate and too harsh.

3. If so, the appeal by the defendant B and the prosecutor against the defendants is without merit. Thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.