공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 800,000.
The above fine shall not be paid by the defendant.
The main point of the grounds for appeal is that the court below's punishment (one million won penalty) is too unreasonable.
Judgment
The crime of this case is that the defendant made a contribution by providing food at a meeting where 18 people in the constituency attend, and the crime of this case is not easy in that it might impair the fairness and transparency of the election.
However, on the other hand, the defendant recognized the crime of this case and opposed to it.
The other party who has made a contribution was a participant in the meeting of the members of the National Assembly, and the defendant did not inform the participants of the contribution act or appeal for support for E, and the amount of contribution is also 240,631 won in total.
In light of this, the crime of this case did not have any particular effect on the result of the election.
I seem to appear.
There is no criminal history for the defendant.
In addition, in full view of various sentencing conditions shown in the records and arguments, such as the age character and character environment of the defendant and the circumstances before and after the crime, it is judged that the sentence imposed by the court below is unfair.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 (1) 1 and 115 of the Act on the Election of Public Officials and the Selection of Fines for Criminal Facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of punishment by law: Fines of 50,00 won to 10 million won;
2. Scope of the recommended punishment according to the sentencing criteria [the type of election crimes]. Violation of the prohibition and restriction on the act of contribution shall be made (the type No. 1).