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(영문) 수원지방법원 2016.01.20 2012고단5376 (2)
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 11, 2012, the election of the 19th National Assembly member was held, and D political parties implemented the intra-party competition to recommend candidates for proportional representation from March 14, 2012 to March 18, 2012.

In a specific way, D Party: (a) admitted up to February 23, 2012 and paid one or more party membership fees at least once during six months prior to the date of the public announcement of the presidential election in △△, women, and disabled candidates; and (b) the elector granted one vote in the selection method to the candidates listed on the list of candidates for △△, women, and disabled persons; (c) one time of voting in the form of pros and cons; (d) five times of voting in the form of pros and cons; and (e) five times of voting in the form of pros and cons for △△△△ open candidate list (five persons); and (e) eight times of voting in the form of pros and cons for △△△ start-gu candidate list; and (e) one time of voting in the form of pros and cons for each elector.

In allocating proportional representation numbers according to the result of the election, in general, female, female, and disabled persons, the total of 20 persons were elected by the method of allocating each 12 times to the general, female, male, disabled, 7, young people, 3, young candidates, 4, 5, 6, 14, and 18, open candidates, 4, 6, 14, and 12.

Considering the fact that the number of proportional representatives is allocated according to the above result of the competition in the election of the National Assembly members in the 19th National Assembly members, and that the elector actually belongs to the candidate list that is determined by the political party, the elector is in fact elected to the National Assembly members, depending on the political party status in the election of the 19th National Assembly members, in order to determine the number of candidates for proportional representatives by reflecting the will of the party members in the form of an intra-party competition, the voting right holder should directly vote as the basic principle of the election system under the Constitution, and any person requires a direct, equal, and confidential election that exercises the equal value of voting rights.

On the other hand, D political parties divided the proportional representation lines into on-site voting and online voting, and in the case of online voting, direct, equal and secret voting for party members.

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