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(영문) 전주지방법원 2016.09.02 2016고단738
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2015, the Defendant carried out an election campaign for E in favor of the 6th executive elections of the C Branch D Committee, which was implemented on November 4, 2015, but went away from the first voting, and got F and G candidates to cast a second run-off election.

On November 6, 2015, from 13:30 to 17:30 on November 6, 2015, the Defendant entered the 6th executive election ballot papers of the Committee in the column "J", "F, G" in the name column, and entered the 6th executive election ballot papers of the Committee, which were forged with the official seal of the 6th election commission of the 6th election commission of the C branch D Committee of the C branch C branch, and entered the 22 ballot papers forged in the G column as genuine ballot papers.

Accordingly, the Defendant exercised 22 ballot papers, which are private documents related to forged certificates of fact, and thereby interfered with the election of executive officers of the election commission of the 6th election commission of the C Branch D Committee by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on K, L, M, N,O, P, and Q;

1. A written accusation;

1. Each investigation report (voluntary submission of illegal ballot papers, R investigation, submission of documents by accusers, investigation, S investigation, report on duplicate confirmation using forged ballot papers, color copying machines, etc., and response to results of fingerprinting the ballot papers);

1. Requests for fingerprinting and printing of ballot papers, the application of Acts and subordinate statutes governing fingerprinting and photographing of ballot papers, fingerprinting results, and fingerprinting;

1. Articles 234 and 231 of the Criminal Act, and Articles 314 (1) and 313 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act 1.

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