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(영문) 광주고등법원 2014.08.14 2014노195

공직선거법위반

Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for two months.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (Defendant A, B: fine of KRW 800,000, and fine of KRW 500,000 for Defendant C) is too unhued and unreasonable.

Judgment

The scope of recommendations according to the sentencing guidelines for sentencing shall be limited to defendant A [decision of type] , violation of prohibition and restriction on contribution acts - Where a person commits an offense against a candidate, a candidate's criminal act, an unspecified number of other parties [limited scope of recommendations] - Special heavy area of imprisonment : from 8 months to 3 years [whether suspended sentence is suspended] - Major reasons for entry: negative (cases of crimes against a specific or a large number of other parties): defendant B [decision of type clearly), violation of prohibition and restriction on contribution acts - violation of prohibition of and restriction on contribution acts - Where a person commits an offense against a large number of unspecified or unspecified parties - [limited scope of punishment] special heavy period of punishment / [limited scope of punishment ] 8 months to 3 years, suspension of execution / [limited scope of punishment / [limited scope of punishment ] 5 years, a person who has no substantial advantage of punishment / [limited scope of punishment / [limited scope of punishment / [limited scope of punishment / [limited scope of punishment for a specific or a large number of other parties]].

However, in the election, the contribution act related to the election depends on the result of the election rather than the policy or knowledge of the candidate.