공직선거법위반
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.
2. The circumstances are favorable to the defendant, such as the fact that the defendant repents his wrong and reflects his fault, the amount of money and valuables provided by the defendant is KRW 100,000,000 and the frequency of offering money and valuables is limited to one time, and there is no criminal power against the defendant.
However, although the defendant is in the position of a village head who is responsible for endeavoring to ensure fair elections in a neutral position, he/she performed an election campaign and made an act of contribution by directly requesting support for a specific candidate on the day of advance polling, without recognizing his/her status, and he/she is bound to take responsibility corresponding thereto.
The age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc. of the defendant and the sentencing guidelines of the Supreme Court Sentencing Committee.
1. The scope of punishment by law: Fine not exceeding 10 million won;
2. Scope of the recommended sentencing criteria: The sentencing criteria are not applied because they do not present any separate processing criteria for the ordinary concurrent crimes, but they refer to the sentencing criteria for individual crimes in determining the punishment.
A crime of violation of the Public Official Election Act due to a contribution act [the decision of type] violation of prohibition and restriction on the contribution act [the specially adopted person] due to a contribution act: Where the contribution act is imminent on the election day: where the money or the benefit provided is insignificant [the general person] and where the person commits a crime by using social status or influence: there is no criminal record [the scope of recommending punishment] to a fine of one million won or five million won in the basic area.
B. Violation of the Public Official Election Act due to illegal election campaign [Determination of type] violation of the method of election campaign in violation of the election campaign period (type 2): An aggravated factor of election campaign (type 2): Social status or social status where a person is imminent on the election day.