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(영문) 울산지방법원 2020.02.18 2019노1305

공공단체등위탁선거에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable (a fine of eight hundred thousand won).

2. In light of the purport of the Act on Entrusted Elections, such as public organizations, etc. punished for the purpose of ensuring the fairness and transparency of elections, the crime of this case is disadvantageous to the defendant.

However, in light of the fact that the defendant recognized the crime of this case and is against the defendant, the defendant's punishment was not imposed once by a fine, and there is no other criminal records except for the punishment, and there are circumstances to be taken into account in light of the circumstances and methods leading to the contribution of this case, the economic benefits provided by the contribution of this case are relatively large, and the fact that the contribution of this case could not have an influence on the result of the election of the head of the association, etc., considering the circumstances favorable to the defendant, the court below's punishment cannot be deemed to be unfair, considering all the sentencing conditions stated in the argument of this case, such as the defendant's age, character, behavior and environment.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.