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(영문) 광주고등법원 (전주) 2019.06.04 2019노33

공직선거법위반

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 80,000.

The defendant above.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two million won of a fine) is too unreasonable.

2. The decision-making election is important in a democratic state to grant democratic legitimacy by directly selecting representatives for the realization of national sovereignty and representative democracy.

The purpose of allowing all voters to enter the candidate's property status, military service records, delinquent performance, and criminal records in the documents on the candidate's application for registration in an election for public office is to ensure that the fair and democratic election is made by allowing all voters to elect their representatives in a state with correct information about candidates. Among them, criminal records are very sensitive and important materials that evaluate the candidate's personality.

Defendant has been punished for an election-related crime even before.

These points are disadvantageous to the defendant.

On the other hand, however, there is room for considering the circumstances leading to the Defendant to commit the instant crime.

In other words, prior convictions at issue in the statement of the instant vindication and debate, following the merger between the M&A and the J-AC in 197, the Defendant accused some of the employees of the former president of the C-A-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-

The defendant's crime of occupational breach of trust is related to the non-performing loans after the defendant takes office as the president of the partnership. However, the defendant is an inevitable punishment that the defendant received as the representative of the association in the process of recommending the non-performing loans in this case's vindication and debate.