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(영문) 춘천지방법원 2015.06.03 2014노152
업무방해
Text

All appeals filed against Defendants A, H, and I by the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) Since there is no provision prohibiting online proxy voting in the party rules of X party, online proxy voting in the instant competition is allowed. The instant case is merely an ordinary level of proxy voting by delegation among the voters, and the Defendant’s act does not constitute a deceptive scheme in the crime of interference with business, and such act does not result in the occurrence of interference with the competition management of X party, or there is no risk of interference with the competition management of X party. 2) The sentence of each of the lower judgment of unfair sentencing (Defendant A, H, I: KRW 3 million each fine, KRW 2 million each, and KRW 2 million each, which is unfair.

B. The lower court’s sentence against Defendant A, H, and I is too unhued and unreasonable, as it is unreasonable for the prosecutor (Defendant A, H, and I).

2. Determination

A. Article 41(1) of the Constitution of the Republic of Korea provides that “The National Assembly shall be composed of members of the National Assembly elected by means of the ordinary, equal, direct and secret election of the people,” and Article 146(2) of the Public Official Election Act provides that “Voting shall be made directly or by mail, and one person shall be made one vote: Provided, That in the election of National Assembly members, in the case of the election of National Assembly members, City/Do council members and autonomous Gu/Si/Gun council members, one person shall be made one vote for each local constituency election and proportional representative election,” and it declares that any person is a principle of direct, equal and secret election that exercises the equal right to vote for each of the electors in the representative democracy including the election of National Assembly members. Accordingly, the competition at the National Assembly to determine the list of candidates for proportional representation of National Assembly members may be connected with the election of National Assembly members, contrary to the procedure for selecting the representative

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