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(영문) 서울고등법원 2017.05.24 2017노49

공직선거법위반

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (unfair sentencing)’ punishment sentenced by the lower court to the Defendants (a fine of KRW 6 million; a fine of KRW 4 million; a fine of KRW 2 million; and a fine of KRW 2 million; and a penalty of KRW 2 million) is too unreasonable.

B. The sentence sentenced by the court below to the Defendants is too uneasible.

2. The Act on the Election of Public Officials provides that in order to ensure that the elections are held fairly in accordance with the free will of the people and democratic procedures, and to prevent the excessive and mixed elections by the election of public officials, the Act on the Election of Public Officials shall be strictly restricted to the payment of money or goods related to the election campaign, regardless of the pretext of the allowances and actual expenses, and the Act shall be strictly punished in violation of this provision.

Each of the crimes of this case in collusion with Defendant A and B provides Defendant C with a total of 2 million won in connection with the election campaign, and Defendant C received the above money and valuables. Such crimes by the Defendants are against the legislative intent of the Public Official Election Act, and are not against the above crimes.

On the other hand, there is no criminal history against the Defendants, and Defendant C has no criminal history, and Defendant A and B have no criminal record other than the punishment for a single-time crime, and the Defendants appear to receive money and valuables from the actual cost compensation for election campaign volunteer service or from the level of consolation, etc. are considered favorable to the Defendants.

In full view of such circumstances and other factors as the recommended range of sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the Defendants’ age, gender, environment, circumstances, and consequences of the crime, etc., the sentence imposed by the lower court is too weak, or too unreasonable.