공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (one million won of a fine) is too unhued.
2. Determination shall take into account the circumstances favorable to the defendant, such as the confession and rebuttal of the instant crime, the amount provided, and the fact that the process of the election is not likely to have been directly infringed due to the said crime.
However, considering the fact that the Defendant was sentenced to a fine of 50,000 won as a contribution act on September 26, 2012, and the Defendant received a warning from the competent election commission due to the suspicion that she provided work to the elector’s camping association at the end of the end of 2013, it is deemed that the lower court’s punishment is unreasonable as it is too unreasonable, by taking into account the following circumstances: (a) as a preliminary candidate for a member of a Metropolitan City council, the fact that there is a high possibility of criticism by providing money and goods to a person in charge of coverage in connection with a report on an election as a preliminary candidate; and (b) other circumstances shown in the instant argument, including the Defendant’s age, character, family relation, environment, circumstance and degree of the crime, and circumstances after the crime, etc.; and (c) the recommended type of punishment (a fine of 1.5 million won to seven million won) determined by the Supreme Court Decision.
Therefore, the prosecutor's above assertion is justified.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of relevant Acts concerning criminal facts and Articles 235 (2) and 97 (2) of the Public Official Election Act for the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: A fine not exceeding twenty million won;