Defendant

All appeals filed by G and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant G (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) 1) misunderstanding of facts and misapprehension of legal principles against Defendant G did not constitute a crime or did not prove a crime in the following respect, but the lower court erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged, thereby adversely affecting the conclusion of the judgment.

The principle of direct election under the Constitution is divided into ① the direct decision of the candidate supported by the elector and ② the direct election of the candidate itself. The principle of direct election is not applied to the electronic voting (by the Internet voting system provided by the party) conducted at the competition of the candidate for proportional representation of AD party. The Defendant’s electronic voting on behalf of CV and C is limited only to the direct election itself, and it cannot be deemed that the principle of direct election is wholly denied or damaged.

B) In the instant case, there is no “defensive scheme” which is the constituent element of the crime of interference with business. The “defensive scheme,” which is the constituent element of the crime of interference with business, is premised on the fact that there is a false representation. In the instant case, if an elector (CV and CW) confirmed through a self-certification procedure delegated voting to the Defendant, and the Defendant committed voting in a manner consistent with the delegated contents, this does not lead to the perception of the election commission of AD political parties, i.e., the perception of whether the elector exercised the right to vote for a specific candidate, and the perception of the elector’s failure to mislead it or cause him to feel different from the actual fact, and thus, there is no “false”, thereby