A. When the defendant's act is at issue, the defendant voluntarily surrenders to officials in charge of voting management who have authority to investigate election crimes to G and voluntarily surrenders to the election commission. G to report the crime to the election commission or directly surrenders to the election commission's employees. The defendant voluntarily attended the police station as a witness and voluntarily surrenders to the police station by making a true statement of the crime. However, the court below's punishment (one year and six months of imprisonment and two years of suspended execution) determined by the court below without reducing self-denunciation is too unreasonable in light of such circumstances.

B. Considering the status of the defendant who is a voting clerk, who is obligated to ensure the fair election of a public prosecutor, the increase in the national demand for the fairness of voting, and the general preventive effect to attract the awareness of the people, the above punishment of the court below is too unfeasible and unfair.

2. Determination

A. The phrase “self-denunciation” as referred to in Article 52(1) of the Criminal Act means that a criminal voluntarily reports his/her criminal act to a government agency responsible for the investigation and seeks to take measures. As such, making a statement of the criminal facts in response to an official questioning or investigation by an investigative agency is only confessions and does not correspond to the number of self-denunciations, and furthermore, the self-denunciation is established when the criminal expresses his/her intent to the investigative agency. As such, inasmuch as internal intent is insufficient and external indication is made by the criminal investigation agency, it can be recognized (see, e.g., Supreme Court Decision 2011Do12041, Dec. 22, 2011). 201, first of all, as to whether the election commission is a self-denunciation to officials in charge of voting management, a member or employee of each election commission (excluding Eup/Myeon/Dong election commissions) can investigate the election crimes (see Article 272-2 of the Public Official Election Act, Article 272-2 of the Public Official Election Management Rules), and the election Commission