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(영문) 서울고등법원 2015.04.24 2015노796

공직선거법위반등

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of a fine) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case committed by the Defendant, who was a candidate of the 6th regional election council member of the 6th regional election commission, had minors carry out an election campaign, and paid money and valuables to the office members who have not been registered, including the above minor, and omitted the accounting report of election expenses paid to the above office members, and thus, the criminal liability is not weak.

This act is against the purpose of the Public Official Election Act and the Political Funds Act, which aims to form a fair election by preventing the size of election campaign depending on the candidate's financial power by strictly restricting the payment of money or valuables related to election campaign, and by ensuring transparency in election expenses by disclosing the details of election expenses, and preventing the illegality related to election expenses, and thus, it is necessary to eradicate it strictly.

However, there are circumstances that should be considered in sentencing as follows.

Most of the defendants recognize facts, and reflects them.

In relation to the violation of the Public Official Election Act, the defendant provided ordinary allowances and compensation for actual expenses to campaigners, and recovered the above money again.

In that the minor who carried out an election campaign is a university student, we agree with the defense of the defendant who asserts the minor's unsatisfy.

In relation to the violation of the Political Funds Act, the defendant paid money from the election expense disbursement account registered by him, and the election commission submitted a copy of the election expense disbursement account as is to find out relatively easily the fact that the defendant omitted the details of the accounting report. In light of this, the defendant, who did not have any particular experience in election campaign, was in charge of the first election management to perform his duties.