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(영문) 부산지방법원 동부지원 2014.03.18 2013고정1230
업무방해
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

Defendants are residents of Busan Shipping Daegu H apartment complex.

At around 16:00 on December 19, 2012, the Defendants, knowing that the special election of the representative of the above apartment living support center, who resigned as a result of the selection of controlled entities, was carried out, and resisted to the end that the election is unfair, and the Defendants: (a) prepared the ballot box in advance; (b) prevented the employees of the Living Support Center; and (c) opened the corrected warehouse knife; (d) Defendant E, F, and D, together with I, did not proceed with the ballot counting planned to be carried at 20:0 on the same day by loading the ballot box to the vehicles prepared by Defendant A; and (d) opened the corrected warehouse knife; and (d) Defendant E, F, and D, together with I, did not proceed with the ballot counting planned to be carried at 20:0 on the same day.

As a result, the Defendants interfered with the ballot counting of the victim J's special election by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness K and J;

1. Application of each police protocol of statement concerning L;

1. Relevant Articles 314 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. The Defendants and the defense counsel asserts that the Defendants’ acts constitute legitimate acts in relation to the determination of the Defendants and their defense counsel’s arguments under Articles 70 and 69(2) of the Criminal Act.

"Acts which do not violate social norms" under Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and what acts are legitimate acts which do not violate social rules and are thus dismissed, shall be judged individually by considering the purpose and rational aspects under specific circumstances, and in order to recognize such legitimate acts, the first motive or motive of such acts.

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