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(영문) 광주고등법원 (전주) 2013.04.16 2013노63

공직선거법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 900,00 (fine of KRW 900) is too unhued and unreasonable.

2. The instant crime was committed on August 15, 2012 by the Defendant: (a) sent the name of the Defendant to the Ma-young Sports Association, which is equivalent to KRW 2 million in the market price of KRW 800,000,000; (b) distributed to the electorates and related persons attending Chapter 576; and (c) made a contribution by distributing the name to the electorates and related persons attending the said sports event; (d) a fair election according to the citizens’ free will and democratic procedures is a value-added act that obstructs the legitimacy of state power and the development of democratic politics; and (e) there is a need to strictly cope with election misconduct that interferes with the order of democracy; and (e) in light of the fact that the Defendant did not have a large value of the goods donated, the quality of the relevant crime cannot be deemed to be negligible.

However, the defendant shows the attitude that all of the crimes of this case are recognized and his mistake is divided in depth. The crime of this case was committed at the remaining two years from the following day to the election day, the defendant was committed upon request of the Director of Egye Sports Association, and the defendant was actively committed, and the defendant did not seem to have been operated for a long time, and the defendant was operating a organic fertilizer factory emitting malodor in the Egye-Gun Egye-gun, Jinan-gun for the long time. The defendant did not appear to have a strong intention to violate the law, on the basis of an unfortunate appraisal against local residents, prior to the crime of this case. The defendant did not have the same criminal records as this case other than the records of punishment three times prior to the crime of this case, such as the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and there was no other criminal records other than the defendant's age, character and behavior, character and environment, motive, means and result of the crime of this case, etc.