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(영문) 광주고등법원 (전주) 2013.08.27 2013노163

공직선거법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of 500,000 won) is too unhued and unreasonable.

2. The instant crime committed by the Defendant at around September 11, 2012, committed the act of making a contribution by means of distributing 41,170,000 won a total of 1,170,00 won from the market price indicated his/her name to the electorates or the electorates and 41 persons who are related to the electorates. In light of the need for strict countermeasures against the Defendant’s unlawful election in accordance with the free will of the people and democratic procedures as a fair election in accordance with the free will of the people and the development of democratic politics, which is a value-added order that undermines the legitimacy of the state power and the development of democratic politics, it cannot be deemed that the

However, the Defendant appears to have recognized all of the instant crimes and divided his mistake in depth. The instant crime was committed on the remaining two-year period from the next election day to the following election day. The Defendant’s contribution act includes a considerable number of business partners of the construction company operated by the Defendant or the Dong literature of the Defendant. The total amount of the goods provided by the Defendant is merely KRW 28,700,000, and it cannot be deemed that the total amount of the goods provided by the Defendant is nothing more than KRW 1.70,000. The Defendant did not have the same criminal history as the instant case other than the past punished nine times prior to the instant crime, such as the Act on Special Cases Concerning the Settlement of Traffic Accidents. Considering the Defendant’s age, character and behavior, intelligence and environment, motive, means and consequence of the instant crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

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