공직선거법위반
The defendant's appeal is dismissed.
Summary of Grounds for Appeal
The punishment of the lower court (one million won of a fine) is too unreasonable.
Judgment
The sentencing guidelines set forth in the range of recommendations [the decision of a type] [the decision of a type] and the violation of prohibition and restriction on the contribution act by election - Where money or other valuables or benefits provided as customary and exceptional acts other than Article 112(2) of the Official Election Act are extremely minor, the sentencing factors are favorable, such as the following: [the scope of recommendations] basic area [the scope of recommendations] where a person is deprived of a crime on the election day of a candidate, the amount of a fine of one million won or three million won is against the defendant's mistake, the defendant has no record of committing the same crime while holding several elections, the defendant is in a relationship with the other party to the contribution act, and the amount of money provided by the defendant is not much large.
However, the instant crime committed by the Defendant, after completing the U.S. tax on June 3, 2014 at the time prior to the nationwide election, visited the head of the electoral district by wearing shoulder belts, etc. using a floating vehicle to make contributions by providing money to the electorate in the constituency and his/her incidental. Such an act is not good in that it undermines the fairness of the election, and is not likely to cause a crime in that it harms the fairness of the election. In full view of various sentencing conditions, such as the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime, and the sentencing guidelines of the Sentencing Committee, etc., the lower court’s punishment cannot be deemed to be reversed
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.