2016 Highest 738 Business Obstruction, Uttering of Cinematographic Documents

A person shall be appointed.

B Prosecutions) and C (Public Trial)

Attorney D

September 2, 2016

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 120 hours.

A forged vote used in the election of the 16th executive officers of the Jeonju Factory Co., Ltd., seized E.

Part 56 (Evidence No. 2) A shall be forfeited from the defendant.

Criminal facts

The Defendant, who carried out an election campaign on November 4, 2015 for the purpose of candidate G who was going to the sixth officer election of the F Jeonju Factory Committee, but went to the first vote, and had H and I go to the second election for the purpose of supporting the I candidate.

On November 6, 2015: 13: from 30 to 17:30, the Defendant posted the 6th election ballot paper for officers of the Jeonju Factory Committee, which was implemented at the E Jeonju Factory Burk cafeteria located in Jeonju-gun, on the 6th election for officers, among the voting for the 6th election for officers, which was implemented at the E-ju Factory Committee in the E-ju Island located in the Jeonju-gun. In the column, the Defendant inserted “H and I” into the name column and copied “H and I,” with the seal affixed by the 6th election commission of the Fju Factory Committee, with the seal affixed by the 6th election commission of the F.M., put the forged ballot paper into the ballot box as genuine ballot paper.

Accordingly, the Defendant exercised 22 ballot papers, which are private documents related to the forged certification of facts, and obstructed the election of executive officers of the 6th election commission of the F Jeonju Factory Committee by deceptive means.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on J, K, L, M, N,O, and P;

1. A written accusation;

1. Each investigation report (voluntary submission of illegal ballot papers, investigation by the printing office of the head of the printing office, submission of documents by the accusers, printing the reputation;

A report on the reproduction confirmation using a forged ballot paper copyer, etc., and a ballot paper fingerprinting type;

As a result, replys

1. Requests for fingerprinting of ballot papers, replies of results of fingerprinting, fingerprinting of ballot papers, and photographing of ballot papers;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 234, 231 of the Criminal Act (a point in the event of an above-mentioned document), 314(1), and 313 of the Criminal Act (a business)

Non-Obstruction Points

1. Competition;

Articles 40 and 50 of the Criminal Act (Mutual Crimes of Uttering Official Document)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account favorable circumstances among the following reasons for sentencing)

1. Social service order;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Review of the sentencing criteria;

Since each of the crimes of uttering of each of the above investigation documents is related to the commercial concurrent crimes, the sentencing guidelines are not applied.

The crime of this case is likely to undermine the fairness of the election and undermine the trust of union members, and the quality of the crime is not good, the number of forged ballot papers used is not significant, and there is a record of having been sentenced to criminal punishment of fines for one time due to the same crime of this case committed by the defendant.

The favorable circumstances include the fact that the defendant fully recognizes the crime of this case, the fact that the defendant's act seems not to have a significant impact on the result of the prior election, and that the defendant has no record of punishment exceeding the fine.

The above circumstances and other factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered by taking into account the various sentencing conditions specified in Article 51 of the Criminal Act.

Judges Jeong-ho