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(영문) 수원지방법원 2018.10.12 2018고정263
업무방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a member in charge of apartment election management.

At around 08:50 on September 26, 2017, the Defendant issued a ballot paper to the guard room 401 Dong Dong 401, which was held in front of the guard room, and the Defendant obstructed the election management of the election management commission of the apartment management commission of C by deceptive scheme, by stating that “D, in order to obtain a voting paper, signed on the electoral register and receive a voting paper,” and stating that “D will not have the same seal, if bad, be cut off, and will not have any other contact if necessary,” and then, it interfered with the election management of the election management commission of C by deceptive scheme by means of a deceptive vote using the electoral paper.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. C apartment joint management agreement [the defendant and the defense counsel put the ballot papers into the ballot box in a sense that they express D's intent to prevent it, since the election is invalidated if there is a difference between the confirmation and the voting paper.

Therefore, the defendant did not have any intention to obstruct the business, and cannot be seen as having caused an abstract risk of interference with the business.

It is difficult to see

The argument is asserted.

However, according to the evidence duly adopted and examined by this court, D signed its signature on the electoral register to vote at the defendant's solicitation in this court, and did not receive the voting paper from the defendant.

If the defendant is in his house because he has no seal now, he will find it later and visit.

In other words, he goes back to his house.

There is no fact that the defendant had contact or found it in the house.

The Defendant stated to the effect that the Defendant stated that he would not have the right to vote or asked to vote on behalf of the Defendant, and the Defendant did not confirm D’s intention, even though D did not have the voting time for approximately 10 minutes (which appears to be about 10 minutes), and it did not confirm D’s intention.

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