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(영문) 대구지방법원 2015.01.23 2014노1258
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (the defendants: the fines of 500,000 won for each of the defendants) are too uneased and unreasonable.

2. The crime of this case was committed by the Defendants to inform another person of the certification number transmitted to his mobile phone during the presidential election procedure for recommending candidates for proportional representation in the E-party 19th National Assembly members. Such Defendants’ act is a serious crime that seriously damages the fundamental value of the representative democracy and proportional representation system, and thus, the liability for the crime is not easy. Meanwhile, Defendant A and C were first offenders, and Defendant B did not have the record of criminal punishment except for those punished twice as a fine for violation of the Road Traffic Act in 1999 and around 2003, since E-party did not sufficiently prepare technical measures to prevent proxy voting while building an electoral system related to the instant competition, and attempted to maintain electronic democracy, and there was no precedent as to whether to permit proxy voting and the scope of permission, and there was no reason to believe that the Defendants’ act was committed in favor of the Defendants, such as the number of times and circumstances favorable to the Defendants, and that there was no reason to deny the Defendants’ voting, and that there was no reason to believe that the Defendants’ act was unlawful.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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