공공단체등위탁선거에관한법률위반
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of four million won.
3. The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The lower court’s punishment (4 million won) is too unreasonable.
B. The Prosecutor’s sentence is too uneasible and unreasonable.
2. We examine ex officio prior to the determination of the grounds for appeal by the Defendant and the prosecutor, prior to the determination of ex officio (the Defendant, despite being served with the notice of receipt of records of trial by this court on October 7, 2015, did not submit a statement of grounds for appeal within 20 days, which is the period for submission of the grounds for appeal, and the petition of appeal does not state the grounds for appeal, and the court below did not state the grounds for appeal, but there are reasons for ex officio reversal as follows). According to the record, items 1 through 12, which are evidence seized by the
The judgment of the court below is erroneous in the omission of the declaration of confiscation in the text, even though the application of the law to confiscation was made in the column of "application of law".
Therefore, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment of the court below is reversed, and the following is again decided after pleading.
[Grounds for the new judgment] The same as stated in the corresponding column of the judgment of the court below on the facts constituting a crime and the summary of evidence, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. An act of making contributions to an offense: The act of making an election campaign at any time other than an election campaign period under Articles 59 and 35(1) of the Act on Entrusted Elections by Public Organizations, Etc.: The act of providing money and goods to an elector for the purpose of an election campaign under Articles 66 subparag. 1 and 24(2) of the Act on Entrusted Elections by Public Organizations, Etc.: Money and goods provided in a divided form to distribute to many electors for the purpose of an election campaign under Article 58 subparag. 1 of the Act on Entrusted Elections by Public Organizations, Etc.