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(영문) 서울고등법원 2015.01.08 2014노3583

공직선거법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one million won of a fine) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The instant crime committed by the Defendant, a party member of the C Party, was committed by providing meals at a restaurant to about 15 electorates at the time when the Defendant, a party member of the C Party, left the 6th regular local election, around 5 days after the 6th regular local election. As such, the Defendant’s act of donation was unfavorable to the Defendant, i.e., impairing the fairness and transparency of the election, thereby impairing the elector’s free and reasonable decision-making.

On the other hand, the fact that the defendant recognized his mistake and divided, the fact that the value of food provided by the defendant is minor, the fact that the defendant is a person with a disability of grade II (the fact that the defendant was a person with a disability of grade II) and the defendant has no criminal record of the same kind or suspended execution or higher is favorable

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. of the crime, and the scope of the recommended sentence according to the sentencing guidelines (a fine of one million to five million won), it is difficult to deem that the sentence of the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.