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(영문) 서울고등법원 2015.03.27 2014노3383

공직선거법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable to impose a fine of one million won on the defendant.

2. The fact that the Defendant was aware of the crime and the mistake was divided, that there was no previous conviction, that there was a false statement that the Defendant’s term “member of the National Assembly” in the election campaign bulletin was false before the election day according to the decision of the Incheon Metropolitan City election commission, and that the content was reported through a regional press organization, etc. are considered favorable to the Defendant.

However, the crime of this case is that the defendant made a false career in the election campaign bulletin and distributed it to voters. The defendant's career is likely to undermine the fairness and transparency of election by distorted public opinion in Korea's election campaign competition where the candidate's career is emphasized. According to the current Public Official Election Act, since there are many opportunities for voters to contact with candidates, the election campaign bulletin plays an important role in the candidate's choice, and the degree of falseness cannot be deemed that the defendant's act does not seem to be negligible, such as the election campaign bulletin distributed to voters most of the election campaign bulletin, etc., and the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, and the testimony contents of the witness at the trial, etc., the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

(However, since it is apparent that the “D constituency” in the last page of the judgment of the court below is a clerical error of the “N”, the said “D constituency” shall be corrected to a “Nelection” pursuant to Article 25 of the Regulations on Criminal Procedure.