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Reasons
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(영문) 부산지방법원 2020.01.16 2019고정1284
업무방해
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant served as the head of the affairs of the Busan B building and the D association located in subparagraph (C) from June 26, 2015 to December 27, 2018, and was the person who was the head of the said reconstruction and improvement project association’s association’s head from November 9, 2018 to November 30, 2018, and was the head of the said reconstruction and improvement project association’s head of the said association, etc.

1. On November 25, 2018, the Defendant committed the crime of around November 25, 2018, at the office of the above union around November 16:15, 2018, concealed the ballot paper for a written resolution in which members E put a mark into the Defendant’s main money, and inserted it in the ballot box as if the Defendant was a ballot paper put in the front ballot paper kept in the association office.

Accordingly, the defendant interfered with the election of partnership officers by fraudulent means.

2. On November 26, 2018, the Defendant opened a sealed envelope containing a ballot paper on which a member of the association recorded in his/her name is marked at the office of the association and confirmed the voting contents, and then re-sealed the envelope. At around 18:20 on the same day, he/she verified the contents of the ballot paper submitted by the member F at the association office at around 18:20 on the same day, he/she then arbitrarily sealed it in the empty ballot paper kept in the association office and sealed it as if the Defendant cast the ballot, and then sealed it in the ballot box as if the F cast up with the voting.

Accordingly, the defendant interfered with the election of partnership officers by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 313 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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