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(영문) 부산지방법원 2019.07.16 2018고정1688
업무방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who served as the president of the Busan Dong-gu B Apartment Council from August 26, 2014 to July 1, 2016.

1. On January 26, 2016, the Defendant interfered with the business of the Defendant: (a) from the representative election implemented on January 12, 2016 by the said apartment election commission, the representative of the Dong with the exception of five Dongs, such as Cdong, Ddong, Edong, Fdong, Gdong, etc. (16 Dongs, excluding 16 Dongs, Dong Dong Dong, Dong Dong, Fdong, Dong, and five Dong Dong were elected; and (b) five Dong Dong, such as the above Cdong, were not elected; and (c) the head of the management office of the Dong-dong, etc., removed the letter of public announcement of re-election on the elevator of the above apartment election commission and the first floor entrance bulletin; and (d) it could not be seen that five Dong residents, such as Cdong, were removed, and thereby interfered with the management of the election of the victim apartment election commission.

2. At around 14:50 on June 14, 2017, the Defendant appeared and taken an oath at the Busan District Court 353, which was located in Busan District Court 353, as a witness of the Defendant case in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) against I as to the above court No. 2017, 2017.

In fact, despite the fact that the Defendant interfered with the election management affairs of B apartment election commission as stated in paragraph 1, the Defendant testified that I’s defense counsel “If the witness wishes to proceed with the same re-election against the Dong to which the election commission was vacant, he shall not instruct it delay the election, remove the re-election announcement, thereby interfering with the election commission’s affairs.”

Ultimately, the Defendant made a false statement contrary to memory as above, and raised perjury.

Summary of Evidence

1. Each legal statement of a witness I, H, J, and K;

1. Application of Acts and subordinate statutes, such as meeting minutes, recording notes, reference materials, and 2 of the Act and subordinate statutes (public notice of re-transmission by the representative of the National Assembly on January 26, 2016);

1. Criminal facts;

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