beta
(영문) 대전고등법원 2014.02.19 2013노549

공직선거법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of KRW 700,000) is deemed to be too unhued and unfair.

2. The crime of this case is determined by the judgment of the court below in light of the following facts: (a) the defendant, who is the cause of D's crime, made a contribution by providing meals at a restaurant to the head of the local residents, who reside in the constituency concerned in violation of the provision on the restriction on the contribution act under the Public Official Election Act; (b) the defendant, who was present late in the future, talks about some meals from the heads of the Lee Jong-dae who prepared for the remaining values of the senior citizens; and (c) it seems that the defendant was given a meal promise in the first place; (d) the defendant was the head of the apartment in which the defendant was living; and (e) four persons among the heads of the seven different heads of the defendant, who decided to provide meals, participated voluntarily in the place of meals (as of this case, K and M were present after being urged by the other heads of the above heads who first arrived at the meeting and did not talk with the election related mainly in the place of meals; and (e) the defendant did not observe the regulations on the prohibition of the election act of public official election.

Furthermore, the fact that the defendant repents and reflects the crime of this case, there is no record of criminal punishment for the same kind of crime, and the crime of this case remains for more than one year from the 6th local election day scheduled to be implemented in the future, and it seems that the impact on the electorates is not significant since it remains far away from the election day or the candidate registration period.

참조조문