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(영문) 서울중앙지방법원 2015.07.16 2014고정3470
위계공무집행방해
Text

Defendant

A, B, C, D, and E shall be punished by a fine of three million won, Defendant F, and G, respectively.

Reasons

Punishment of the crime

The Defendants’ statusJ is a person who was elected as a member of the L Council belonging to the K political party in the fifth local election conducted in 2010 and resigned from office for the withdrawal of the Seoul Special Metropolitan City Council member on April 16, 2014. Defendant F, Defendant A, Defendant C, Defendant D, Defendant E, and M were elected as a member of the L Council belonging to the K political party at the fifth local election, and Defendant G was in office as a member of the L Council belonging to the N Party at the fifth local election, while serving as a member of the 5th local election. Defendant G was elected as a member of the L Council belonging to the N Party on July 16, 2012 and was resigned from office on March 26, 2014 and was admitted to the N Party on March 26, 2014.

At the fifth local election of the L Council in 2010, L Council was composed of eight members belonging to the O political party and nine members belonging to the K political party at that time, while the members belonging to the K political party at that time decided to elect Defendant F as the chairperson, the P belonging to the K political party was elected as the chairperson as a result of the election of the Speaker at the time of the latter half of 2012, and P was elected as a member of the K political party before the election of the Speaker before the latter half of 2012.

According to the L Council Speaker, Vice-Speaker, Standing Chairperson, and Local Autonomy Act of 2012, the election of Speaker and Vice-Speaker held by the local council shall be elected by a secret vote from among the members, and the president of the local council shall represent the council, organize the proceedings, maintain order in the meeting, and supervise the affairs of the council. According to the Seoul Metropolitan Council Rules of L Council, the chairperson of the standing committee shall be elected in the same manner as the chairperson of the committee is elected in the plenary session. When the chairperson, Vice-Speaker, and Chairperson of the standing committee is elected by vote, the chairperson of the council shall maintain the order in the meeting where a secret vote is taken, and the voting can be made by a secret vote

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