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(영문) 광주고등법원 (전주) 2019.06.04 2019노8

공직선거법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the lower court against the Defendants in summary of the grounds for appeal (the sentence of 8 months in prison, the sentence of 2.5 million won in prison, the fine of 2.5 million won in prison, the Defendant F, and G): each of the fines of 3 million won in prison) is too unreasonable.

2. The Defendants, who recognized the instant crime, reflects the mistake.

It seems that the crime of this case did not have any particular influence on the election result.

Defendant

A or F has no record of punishment heavier than a fine, and Defendant E or G has no record of criminal punishment before committing the instant crime.

Defendant

F and G shall prepare and attach a substitute report according to the draft prepared by B, and Defendant E is weak to the extent of participation in the crime only when the above substitute report is attached.

Defendant

The family and relatives of A want to have the wife for the defendant A.

This is favorable to the Defendants.

On the other hand, in order to realize national sovereignty and representative democracy, elections are important in democratic countries to grant democratic legitimacy by selecting representatives directly by the people.

An act that damages the fairness of such election should be punished strictly.

In that the Defendants prepared a large number of public reports stating false facts about the counter-party candidates, and posted them to various universities so that each university student can be seen as a substitute report prepared by each university student, the nature of the crime is not easy.

Defendant

A as a general manager, as well as the final approval of the instant large-scale newsletter, provided money and valuables in relation to the election campaign.

In addition, the author tried to send the message of this case to reporters along with the message of “I am scarbly scarbly saw students who did not scarbly depic into politics, and sent it by affixed NAN.”

On the other hand, the court below published false facts against Defendant E, F, and G for the purpose of abortion.