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(영문) 대구지방법원 서부지원 2015.03.25 2014고정1234
업무방해
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the chairman of the Seo-gu J Election Commission, the chairman of the J Election Commission, and the remaining Defendants were the elected members of the J election commission, and the Defendants were the persons in charge of the J election management.

In the case of the premise facts, K et al., which are the residents of the J residents, submitted a request for dismissal to the election commission on the grounds that L of the representative of the J occupants did not faithfully perform the duties as the representative chairperson, and L of the representative of the occupants set up a printed letter and posted it on the bulletin board of the J and distributed it to occupants.

On June 23, 2014, the Election Commission announced the residents of a warning letter that the above act of the chairman of the representative of occupants violates Article 14(2) of the Management Rules, and that when repeated the above act by the resident voting day on the proposal for dismissal of the chairman of the representative of occupants, the opposing vote shall be dealt with in the vote for dismissal of the chairman of the representative of occupants, and sent it to L of the representative of occupants.

After that, on July 9, 2014, the residents' voting was conducted with respect to "the dismissal of the president of the J occupant Representative (L)", and the proposal for dismissal of the president of the occupants' representative was rejected as a result of the ballot counting, 75 votes and 193 votes.

Criminal facts

On July 9, 2014, at the office of the competent election commission in Seo-gu, Seo-gu, Daegu, Seo-gu, the Defendants: (a) set up a voting and ballot counting statement treating all the opposing 193 votes on the dismissal of the president of the tenant representative; and (b) announced the dismissal of the president of the tenant representative who was dismissed by L of the president of the tenant representative; (c) thereby interfering with L of the council of occupants' representatives by deceptive means.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of M;

1.The situation of a complaint and the votes attached thereto, the actual contents of the vote as well as the result of the ballot counting, and the result of the ballot counting;

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