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(영문) 대구지방법원 2020.11.11 2020노710

공공단체등위탁선거에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (including fine of KRW 900,00,000) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). It is recognized that the instant crime is likely to undermine the fairness and transparency of the election of the president of an association.

However, the defendant recognizes the crime of this case and reflects his mistake, and the degree of the violation is relatively minor, and there is no record of criminal punishment against the defendant.

In full view of the factors revealed in the proceedings of the instant case, such as the Defendant’s age, family relation, motive and background leading up to a crime, the means and consequence of a crime, and the circumstances after a crime, including the fact that there is no change in the sentencing conditions that may be newly considered by this court compared to the lower court, the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion or to be unfair because it is too una

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