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(영문) 인천지방법원 2018.03.22 2018고정421
업무방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a member of the apartment election management committee in B.

On October 28, 2017, around 17:10 on October 28, 2017, at the entrance of the office of the representative meeting of occupants of the Yeonsu-gu Incheon apartment building, and after the completion of voting to elect representatives of occupants by apartment buildings, the Defendant did not cut off in advance the two ballot boxes and the elector’s list to the office of the representative meeting of occupants, which is the ballot-counting place.

The election affairs of B apartment election commission were interfered with by arbitrarily recording five ballot papers, inserting them in the ballot box, signing them falsely on the electoral register, manipulating them as if the occupants were voting and submitting them at the ballot counting place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to photographs by filing a written accusation, evidentiary materials (1-6), investigation reports,CC-TV closures;

1. Article 314(1) and Article 313 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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