공직선거법위반
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal that the court below sentenced the Defendants (the fine of KRW 1.5 million, the fine of KRW 1.5 million, Defendant B, C, and D: each fine of KRW 800,000) is too unreasonable.
2. Since the judgment of the Defendants since the investigative agency, the Defendants were in violation of their depth while committing the crime. The number of households visited by door is not excessive to 17 households. The Defendants appears to have not been elected by candidates I, who are the punishment for the crime of this case, and the crime of this case is deemed not to have a decisive effect on the result of the election. The Defendants are recognized as favorable sentencing factors or objective and neutral sentencing factors, such as the fact that all of them are first offenders who have no criminal power.
However, evidence, evidence law, and legal principles (recognition of the intent of the defendant B and D) are acknowledged in the crime of this case where the defendants conspired to violate the method prescribed in the Public Official Election Act, visit 17 households by door and divide the name of the candidate, and there is a need to strictly punish the defendants in order to establish a sound election culture and establish a fair election order, and considering the influence of the defendants' crime on the election day, it is not good to the nature of the crime and the degree of the crime. In particular, the defendant A has not only had the record of active action as an election manager of the I candidate in the local election of the past, but also has actively committed the crime of this case compared to the other defendants, and even if the crime of this case was committed, it is also recognized that there is an unfavorable sentencing factor or objective and neutral sentencing factor such as the fact that the number of persons seized by the defendant A's voluntary submission is 439.
The elements of sentencing as above, the statutory penalty for the crime of violating the Public Official Election Act by door-to-door visits (a imprisonment of not more than three years, or a fine of not more than 6 million won) among the crimes in this case, the scope of recommendations (a fine of not more than 700,000 won to 2450,000), the status of the Defendants, their roles, and the degree of participation in the crimes