공직선거법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The sentence of the court below (the fine of KRW 500,000) against the defendant in the summary of the grounds for appeal is too unreasonable.
2. In order to prevent direct harm to public peace and order, such as noise pollution, and excessive disbursement of election expenses, the fact that the Defendant, who was a preliminary candidate for the E market, attended the meeting of the H Federation and participated in an election campaign using a loudspeaker system is disadvantageous to the Defendant, even though the candidate did not have any provision allowing loudspeaker system in the case of a preliminary candidate.
On the other hand, the defendant's use of loudspeaker system is limited to the subject of it, because it was lent for the meeting of the H federation at the time, and it was also kept in the restaurant, and there is no relation with the disbursement of election expenses, and the defendant's crime does not seem to have any particular influence on the election, such as that the defendant's crime did not have been designated as a candidate in the D Party E market competition, the defendant was committed in this case because he was unable to properly understand the provisions of the Public Official Election Act, and his mistake was committed in depth, and the defendant was sentenced to a fine for violation of the Road Traffic Act, and there is no special criminal record other than the punishment of the defendant.
In addition, considering all circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the lower court’s punishment is somewhat unreasonable, and the Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts and the summary of the evidence recognized by the court are all the facts constituting the crime and the summary of the evidence. Therefore, the Criminal Procedure Act is the same as the corresponding column of the judgment below.