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(영문) 대구지방법원 2015.09.24 2014노4421 (1)
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (a fine of two million won: a fine of two million won; a fine of one million won; a fine of one million won for Defendant C; a fine of one million won for Defendant D; a fine of one million won for Defendant E; a fine of two million won for Defendant F; a fine of one million won for Defendant F; a fine of one million won for Defendant A; a fine of one million won for Defendant J; a fine of one million won for Defendant J; a fine of one million won for Defendant J; a fine of one million won for Defendant K; a fine of one million won for Defendant K; a fine of one million won for Defendant L; a fine of one million won for Defendant L; a fine of one million won for Defendant P; a fine of one million won for Defendant P; and a fine of one million won for Defendant Q: a fine of one million won for Defendant A; and a fine of one million won for Defendant R.) imposed on the Defendants.

2. The defendants recognized all of the crimes of this case and against their mistakes are favorable to the defendants.

On the other hand, the Defendants’ act constitutes a violation of the fairness of the election, which is the basis of democracy, and the nature of the crime is not good, and the crime in this case appears to have a certain degree of influence on the actual result of the public opinion poll, etc. are disadvantageous to the Defendants.

Considering the aforementioned circumstances and the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., as well as various circumstances, which are the sentencing as shown in the instant records and arguments, the lower court cannot be deemed to be too unreasonable to impose each sentence on the Defendants.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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