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(영문) 서울중앙지방법원 2015.06.11 2015노713
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The content recorded in a postal item sent by a defendant by mistake of facts constitutes a whole truth or subjective evaluation, and thus cannot be seen as a ‘disputation of false facts'. Even if the fact is different from the actual fact of domestic affairs, the defendant did not have the intention to spread false facts because it cannot be recognized

① As to the portion in which the 26th E president and the executive organ embezzled the development fund of the Association in 2011-2013, some expenses for personal purposes were used by the E president, and at the assembly of the Association, M, one of the vice presidents, has recognized the fact that M, a vice president, uses the development fund differently from its original usage.

In addition, some entries in domestic affairs are different from actual ones.

Even if the contents of audit reports at the extraordinary general meeting, the regulations of the Association, the bank account details, etc., were not known that the contents of postal items were false.

② As to the concealment of the F illegal case’s findings from the Special Investigation Committee, there were many deficiencies in fact that the result of the special investigation itself was about several million won, and only the Defendant raised questions about this and stated the Defendant’s subjective assessment.

In this regard, there was no intention to spread false facts different from the truth.

③ As to F’s portion of review corruption, many members had already raised doubt, and the Defendant’s entries are merely a re-written reference of the matter raised by other members as above, and as such, the Defendant’s subjective assessment of F is indicated, it cannot be viewed as a dissemination of false facts.

B. In order to constitute an interference with election affairs by misapprehending the legal principles, a person who interferes with election campaigns, or participates in voting, or interferes with freedom of election by deceptive means, trick, or other unlawful means.

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