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(영문) 서울중앙지방법원 2013.06.20 2013고정108
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a member of the D Party who was admitted to D Party on February 14, 2012 to the Director General of the C Trade Union, and Defendant B is a member of D Party who was admitted to D Party on February 22, 2012 to the Director General of the C Trade Union.

1. On April 11, 2012, the instant crime took place on April 11, 2012, and D party run a party competition to recommend candidates for proportional representation from March 14, 2012 to March 18, 2012.

In a specific way, D Party: (a) admitted up to February 23, 2012 and paid one or more party membership fees at least once during six months prior to the date of the public announcement of the presidential election in △△ Party, and (b) granted the elector the right to vote for the 15 candidates listed on the candidate list for the general female disabled at △△△ Party; (c) one time of voting in the form of pros and cons for the young candidate, and five times of voting in the form of pros and cons, and eight times of voting in the form of pros and cons for the △△ Party open-end candidate list (five persons), and one time of voting in the form of pros and cons for the △△ Party's strategy candidate (F one person).

In allocating proportional representation numbers according to the result of the election, the number of women with ordinary women and disabled is even number for women, the number of disabled people is even number for men, the number of young people is 7, the number of young candidates is 3, the number of open candidates is 4, 5, 6, 14, and 18, and the strategic candidates are all 20 persons elected each at 12 times.

Considering the fact that the number of proportional representatives is allocated according to the above result of the competition in the party, and the electors are bound by the list of candidates on the candidate list that is determined by the political party, since the electors are elected to the National Assembly members based on the status of political parties in the election of the 19th National Assembly members, the elector must vote directly as the basic principle on the election system under the Constitution in order to determine the number of proportional representatives by reflecting the intention of the party members in the form of intraparty competition, and any person exercises the equal right to vote.

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