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(영문) 광주지방법원 2015.01.15 2014노1511
업무방해
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) by the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case is a serious crime under which the people's trust in the E-party competition process would be fair and which damages the fundamental value of representative democracy and proportional representation system. The crime of this case is disadvantageous or unfavorable. The defendants have no record of punishment in addition to the same criminal power and fine. G supported by the defendants is found to have a significant impact on the result of the crime of this case due to the fall from the proportional representative election of the E-party. The number of party members by proxy voting system is eight. The E-party fails to sufficiently prepare technical measures to prevent proxy voting in building the online election system can be seen as a reason for the crime of this case, and the defendant's age, character and behavior, environment, circumstances and result of the crime of this case, circumstances after the crime of this case, and sentencing in this case are similar. Thus, the above assertion by the court below is unreasonable and it is not reasonable in light of all the above circumstances.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (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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