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(영문) 대구고등법원 2014.11.06 2014노467

공직선거법위반

Text

The defendant's appeal is dismissed.

Reasons

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. There are circumstances such as: (a) the Defendant, after committing the instant crime, took corrective measures by sending text messages stating his previous offense to voters before the election day; (b) the Defendant engaged in volunteer activities for local residents; (c) the Defendant did not have the same criminal records; and (d) the Defendant reflects his mistake.

However, the crime of this case was committed by the defendant with false criminal records written in the election campaign bulletin and distributed it to the voters. The election campaign bulletin plays an important role in selecting candidates because there is no opportunity for large interviews between the candidates for the members of the local government council and the electors of the basic local government council under the current Public Official Election Act. In particular, the act of publishing false criminal records on the election campaign climate in Korea where the candidate's career, such as criminal records, etc. is very important material in evaluating and selecting candidates is an act that impairs the fairness and transparency of election by making reasonable evaluation of the candidate's quality and ability. The election campaign bulletin of this case is distributed to most voters, and thus it is difficult to say that the defendant's act does not affect the election (the defendant withdraws measures to inform the 3,450 voters, who were before the election campaign bulletin, of the criminal records omitted in the election campaign bulletin, but the number of voters of the constituency that the defendant left as a candidate is small,082, and considering that the book-type election campaign bulletin distributed to the elector is ten thousand and five66 copies, the election campaign.)

All these circumstances and the defendant's age, character and behavior, environment, and the motive and means of the crime of this case.

참조조문