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(영문) 부산지방법원 2014.12.12 2014노3541
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below which acquitted the defendant of the facts charged in this case on the ground that the defendant's act of giving money to the right holder for the purpose of winning the election in the election for the head of a trade union or branch office interferes with election affairs of the trade union

2. According to the evidence duly adopted and examined by the court below, the court below acknowledged the fact that the defendant sent KRW 100,000 to the voters G upon requesting support by leaving the election for the head of the labor union branch office. However, the above facts alone are hard to view that the defendant used the above facts by causing mistake, mistake, or land to the labor union or the company's election manager, and there is no other evidence to acknowledge it.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged in this case is justifiable, and the prosecutor’s assertion is without merit.

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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