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(영문) 광주고등법원 (전주) 2014.12.23 2014노245 (1)
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - The sentence of an unreasonable sentencing (one million won of a fine) by the lower court is too uneasible and unfair.

2. The crime of this case is a case where the Defendant interfered with the business of managing the competition of the N political party by deceptive means by allowing AR to vote on behalf of the candidate for the proportional representative candidate of the 19th National Assembly member in the process of recommending the 19th National Assembly member election of the N political party, and the crime of this case is no less than that of infringing the people's trust that the procedure of the intraparty competition of the N political party will be fair and has damaged the fundamental value of representative democracy and proportional representative system.

On the other hand, on the other hand, the Defendant: (a) led to the confession of the instant crime; (b) the Defendant appears to have been involved in the act of proxy voting upon the AR’s request or request; and (c) did not seem to have reached the instant crime; (d) it appears that the victim party, designated the online election system, failed to fully prepare technical measures to prevent proxy voting; and (e) the Defendant is the primary offender with no special criminal history, and thus, constitutes a favorable condition for the Defendant.

It seems that there is no change in the circumstances that would be different from the above circumstances in the trial, and in particular, there is an inherent limit in accordance with the principle of balance of punishment or the principle of accountability that the discretion on the sentencing of the fact-finding court should be a proper balance between crimes and punishment. However, in addition to the general preventive function of the prevention of crimes, the punishment is to respect the criminal and return the criminal to the way to the order, thereby promoting the rehabilitation of the criminal.

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