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(영문) 의정부지방법원 2020.07.24 2019노1448
업무방해교사
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of seven hundred thousand won.

Reasons

Summary of Grounds for Appeal

D has prepared a conscience declaration containing the fact that he was punished and obstructed representative election affairs, such as the instant facts charged, and all of the instant facts charged at an investigative agency. Even if D made a statement to the effect that he was able to most of his memory in the court of the original instance due to cerebral diseases and old age, it cannot be readily concluded that D’s statement made by the investigative agency is not reliable.

In full view of the above statements of the apartment resident I, H, and J, signed as a result of voting on the electoral registry, the fact that Defendant B interfered with the election affairs of the representative of the apartment building together with Defendant D, and the fact that Defendant A instigated to do so.

Therefore, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

Judgment

A. The summary of the facts charged in the instant case is the president of the council of occupants' representatives of the apartment C, D is the chairman of the said apartment management committee, and Defendant B is the members of the said apartment management committee.

On July 2015, Defendant A instructed Defendant A and Defendant B to “F at the time of Edong Representative Election at the third floor office of the council of occupants’ representatives, the third floor unit of the Edong apartment management Dong-dong, in order to reduce the number of the members of the council of occupants’ representatives, and to make G elected.”

On July 22, 2015, Defendant A continued to read “A and Defendant B” in front of the said apartment polling station, “A shall put the ballot paper in a way that it is fast,” and Defendant B made Defendant D and Defendant B look at the fact that he extracted G from another person’s ballot paper.”

Thus, at around 17:40 on the same day, Defendant A sent Defendant B to D the ballot paper of another person by cutting off the other person’s ballot paper at the above apartment polling station, and H, I, and J actually put in the above dry ballot paper.

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