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(영문) 창원지방법원 2016.01.21 2015노2712

공공단체등위탁선거에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is justified in imposing a sentence on an election related to money and valuables in this case even in order to ensure the fairness and transparency of the simultaneous election of the head of the association, and to ensure the fairness and transparency of the election of the head of the association, although it is recognized that the act of offering money to the voters by the person who left the association as a candidate is not significantly affected by the candidate before the election day, it is necessary to punish the principal of the association. In particular, the act of distributing money and valuables throughout the country, which was first enforced on March 11, 2015, was committed throughout the country, and there was an illegal act in the election of the head of the association in this case. In order to ensure the fairness and transparency of the simultaneous election of the head of the association to be implemented in the future, even if the sentence is inevitable, it cannot be deemed that the amount of money and valuables imposed by the defendant as a candidate for the head of the association is 2 million won or less, and the defendant's age, environment, sex, motive for committing the crime, and circumstances before and after the crime are too unreasonable.

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