공공단체등위탁선거에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1,50,000 won shall be collected from the defendant.
1. The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.
2. The circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and reflecteds, that the defendant is the age of 67 years of age and has no criminal power, and that C gives money to the defendant eventually waives his departure.
However, the act of receiving money from a person who intends to be a candidate and offering money again to another elector in the election process is an act in charge of the practice of illegal elections, which seriously damages the fairness and transparency of election.
In particular, in light of the fact that the first time of the election of the head of the Dong-si Cooperative, which was enforced on March 11, 2015, committed acts such as spraying money or goods nationwide, it is necessary to punish money or goods directly as in this case, even in order to ensure the fairness and transparency of the election of the head of the Dong-dong Cooperative, which will be implemented in the future.
In addition, the amount received by the defendant from C who wishes to be a candidate for the president of the partnership cannot be deemed as a small amount in election crimes as a total of 1.5 million won, and it is not a small amount of one million won that the defendant again provided to other persons for the election campaign of C.
On the other hand, C, a person who was trying to run in an election for the president of a cooperative and provided money to the defendant, was sentenced to a suspended sentence of two years for one year in the first instance court [the Changwon District Court 2015Dadan39, 168(combined)] and the prosecutor did not appeal, and the judgment becomes final and conclusive. The defendant's defense counsel asserts that if the sentence is imposed on the defendant, the crime is more severe C, and the criminal punishment is not inconsistent with equity
Of course, in determining the sentencing of a defendant in a criminal trial, the sentence imposed on a person involved in the crime or on a defendant in a similar case shall be careful.