공공단체등위탁선거에관한법률위반
Defendant
All appeals filed by A and prosecutor are dismissed.
1. As to the summary of the grounds for appeal, each of the court below's respective punishments (two years of suspended sentence in the month of imprisonment with prison labor for Defendant A, and fines of three million won and additional collection in the month of imprisonment for Defendant A) asserted that Defendant A is too unreasonable, while the prosecutor filed an appeal by asserting that it is too unreasonable and unfair.
2. Determination
A. Defendant A shows the form of recognizing and opposing a crime.
The defendant provided 1 million won to the defendant B, three persons door-to-door visit and election campaigned when they are not during the election campaign period, and the number of crimes, and the amount of money and valuables provided is very large.
Upon the commencement of the investigation into the instant crime, the Defendant seems to have not had a significant impact on the result of the election by withdrawing from the candidate for the president of the partnership.
On the other hand, the defendant offered money and valuables to the defendant B, who is a member of the election campaign, for the purpose of election campaign, and it is not a crime because it directly damages the fairness and integrity of election.
Although Defendant B intentionally accessed Defendant B to commit an offense, Defendant did not demand money and valuables, Defendant B provided money and valuables first, so there is little room to consider the circumstances alleged by Defendant in sentencing.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the sentencing conditions indicated in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view that it is too heavy or less.
Therefore, the defendant and the prosecutor's argument are not accepted.
B. Defendant B is not likely to commit a crime by directly impairing the fairness and integrity of the election with money and valuables provided by Defendant A, who was running in the election of the president of the partnership.
However, the defendant recognized and reflected the crime, and the amount and frequency of the money received by the defendant A is very large.
The defendant.