logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.06.12 2014노317
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 2.5 million (a fine of KRW 2.5 million) is too unhued and unreasonable.

2. The crime of this case is a serious crime that dissatisfys the people’s trust that the procedures of the party’s intraparty competition will be conducted fairly, and damages the fundamental values of representative democracy and proportional representation system, and its nature is not somewhat weak.

However, as a result, I supported by the Defendant appears to have not significantly affected the result of the instant competition because it was not elected as a member of the National Assembly, the Defendant is merely a mere party member who is not a party executive officer or a core personnel, and there are no circumstances to deem that the Defendant committed the instant crime to gain or obtain personal benefits, the number of party members who cast a proxy vote is only nine, there is no criminal power against the Defendant, and D party did not sufficiently prepare technical measures to prevent proxy voting while establishing the online election system, and other favorable circumstances such as the circumstance leading up to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, balance in sentencing with the sentencing of similar cases, and other various sentencing conditions as shown in the argument of the instant case, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow