공직선거법위반
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (one year of suspended execution for six months of imprisonment, one year of community service work, one hundred and twenty hours of imprisonment) is too unreasonable;
2. The Defendant: (a) in collusion with the head of the village, conducted the abode polling report to 11 residents who did not fall under the subject of the abode voting; and (b) entered them in the abode polling register.
Since these crimes are very serious to infringe on the fairness of election, they are disadvantageous to the nature of crimes.
Since the Defendant committed the instant crime as an election campaign manager for local council members, the Defendant is also likely to criticize the Defendant.
In full view of the above circumstances and other various factors of sentencing as shown in the records and arguments of this case, even if considering the following circumstances, including the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime, etc., the fact that the Defendant is both aware of and against all the crimes, and the fact that there is no record of a crime exceeding the fine, etc., it does not seem that the sentence imposed by the lower court is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.