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(영문) 부산고등법원 (창원) 2014.07.02 2014노136

공직선거법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable.

2. The instant crime is recognized as an unfavorable sentencing factor or objective and neutral sentencing factor, such as the fact that the Defendant, who had been willing to run for the election of a member of the Do Council of the Gyeongnam-do, made a contribution by providing meals, etc. to the electorates in the relevant constituency in violation of the provision on the restriction on the contribution act under the Public Official Election Act, and the crime is not less than that of the crime, and the village residents who are the other party to the contribution

However, it is also recognized that the sentencing factors or objective and neutral sentencing factors are more favorable, such as the defendant's provision of meals, etc. to village residents attending the end of the year as U Development Chairperson, the total value of food provided by the defendant is about 2,10,000 won ( around 13,00 won per head). At the time, six months or transfer from the 6th nationwide local election scheduled on June 4, 2014, there was considerable gap between the election and considerable time, and the conversation related to the election in the meal place seems to have been almost not achieved. As a result, the defendant did not leave the 6th national local election at issue, and there was no criminal history against the defendant.

In full view of the aforementioned factors of sentencing and sentencing criteria, the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be negligible to the extent that it should be reversed.

Therefore, prosecutor's assertion is without merit.

[Basic Grounds for Determination of Punishment] - Election Offense Group, Violation of Prohibition and Restriction on Contribution Act, Contribution Act, No record of criminal punishment, serious reflectiveness, depression, etc.

3. If so, the prosecutor’s appeal is without merit.

참조조문