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| TITLE | Supreme Court Decision 2013Do5117 Decided November 28, 2013【Obstruction of Business】 [full Text] |
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| Summary | |
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[1] The elements of the crime of obstruction of business by means of deception, and whether an act can be viewed as “deceptive means” where information input into the information processing device like computer, etc. is done for the purpose of giving rise to misconception, mistake or ignorance on the part of the person who works based on the information entered, even if that person is not specifically targeted (affirmative) [2] Where Defendants were indicted on charges of obstruction of Gap political party’s primary election management with deceptive means, as they received only PIN numbers from voters and voted for a certain candidate in the voters’ names in the electronic voting during the party primaries to nominate Gap political party’s candidates for the 19th National Assembly’s proportional represen-tation, the case affirming Defendants’ conviction on the ground that the general principles of election, such as direct, equal and secret voting, equally apply to a party primaries, and thus, voting by proxy is not allowed |
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