beta
(영문) 대구고등법원 2016.09.01 2016노344

공직선거법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, two years of suspended sentence, eight months of suspended sentence and two years of suspended sentence) is too unreasonable.

2. The Public Official Election Act strictly regulates the acceptance or provision of money and valuables related to election campaigns in order to prevent election campaigns from being mixed, overheated, and to ensure that elections can be held fairly and transparently through free and democratic procedures.

The crime of this case was committed by the Defendants to receive illegal funds or to provide some of them to others in the course of the 20th National Assembly election.

Defendant

B has been sentenced to a fine for the violation of the Public Official Election Act in 2006, and Defendant J has a record of being punished for suspended execution due to the delivery of third-party brain in 2012.

Although the Defendants were committed, there is a clear social relation, and in the case of Defendant B, there is a reason to retire from office as the president of an emergency community credit cooperatives when the lower court’s sentence is finalized. However, in full view of all the circumstances, including the aforementioned circumstances, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, and the equity of punishment with co-defendants for whom punishment has become final and conclusive as they did not appeal, and in particular, it is deemed that the sentence imposed on the Defendants falls within the scope of the appropriate sentence corresponding to their responsibility, and that the sentence is too unreasonable.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.