공직선거법위반
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000.
1. Summary of grounds for appeal;
A. Defendants 1) misunderstanding of facts: (1) Defendant A, through Defendant B, an ASEAN, the Seo-gu Incheon M apartment crime prevention office (hereinafter “crime prevention office”).
(C) The election campaign allowances, actual expenses, etc. (hereinafter referred to as “election campaign allowances, etc.”) may be paid to G, and the election campaign allowances, actual expenses, etc. (hereinafter referred to as “election campaign allowances, etc.”) may be paid to K, J, L, etc. only if the amount of money (70,000 won per person) incurred in aggregate of the election campaign allowances
There is no fact that D/K paid money. D/K appears to have received money from G, and L appears to have carried out election campaign on behalf of J and divided money with J during a day, which is irrelevant to all the Defendants. ② Defendant B only delivered by Defendant A to G and delivered G at the crime prevention guards office in the cycle of plastic bags, and did not have paid election campaign allowances, etc. to the remaining persons except G. ② Each sentence (Defendant A’s fine of KRW 3 million, Defendant B’s fine of KRW 1.5 million, and Defendant B’s fine of KRW 1.5 million) sentenced by the lower court on unfair sentencing is unreasonable.
B. Each sentence sentenced by the court below to the Defendants is too uneasible.
2. Determination
A. Determination 1) On June 13, 2014, the Defendants conspired to offer money and valuables to the above seven persons, including G, in relation to the election campaign, by paying KRW 1.4 million each to K and L, who were engaged in election campaign without being registered as an election campaign worker, at the office of the crime prevention guards around 22:00 on June 13, 2014, at the office of the election campaign worker, KRW 70,000,000 to H, KRW 70,000 to H, KRW 525,00 to J, and KRW 490,000 to D, respectively, and by paying KRW 1.40,000 to K and L, who were engaged in election campaign without being registered as an election campaign worker. 2) The lower court, based on such macro evidence, may receive allowances and reimbursement for actual expenses for persons engaged in election campaign, and KRW 560,00,000 to J, election campaign, allowances, etc.