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(영문) 대전지방법원 2017.03.15 2016고단2173
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is the head of the security guard of the Daejeon Seo-gu Daejeon apartment, and the defendant A is the security guard of the above apartment, who was involved in voting management in the victim D apartment election commission's special election for audit conducted on August 27, 2015.

1. Defendant B, at around 10:00 on August 27, 2015, at the guard room consisting of approximately 108 Dong-dong 3 and 4, Defendant A, who was managing the electoral register and voting paper, recorded one candidate in a ballot box, to Defendant A who was managing the electoral register and voting paper.

“In light of the same day, Defendant A instructed Defendant A to enter at will ten of the voters’ list as if the voters cast a vote at around 14:00 on the same day, and instigated Defendant A to interfere with the management of the election management of the victim D Apartment Housing Election Commission by means of a deceptive scheme, such as entering the candidates No. 10 in the ballot box, entering the candidates No. 10 in the ballot box, making the candidates enter the ballot box No. 10, and making the candidates enter in the ballot box at the guard room No. 10, 109, 109, 109, and 2, in the same manner.

2. Defendant A, in accordance with Defendant B’s teachers as stated in the above date and time, at the above 1.3 times and place, voluntarily recorded one candidate in the voting paper as above, and then recorded in the ballot box, and thereby hindering the victim’s election management affairs by a deceptive scheme, such as entering 13 residents in the electoral registry at will as if 13 residents were voting.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Each police statement made to E, F, and G;

1. Each statement of H, I, and J;

1. A summary of a meeting of the election management members for a special election for the auditor of the representative meeting of the 11th occupant of the D apartment;

1. Protocol of seizure and list of seizure [Defendant B]

1. Each legal statement of the witness A, E, F, G, and I;

1. A written statement of I;

1. A summary of a meeting of the election management members for a special election for the auditor of the representative meeting of the 11th occupant of the D apartment;

1. Protocol of seizure and list of seizure [Defendant B]

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