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(영문) 대구지방법원 2021.01.14 2020노653
공공단체등위탁선거에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (each fine of KRW 900,000) is deemed to be too uneasy and unfair.

2. The crime of this case is deemed to have been committed by the Defendants during the period in which the Defendants made a contribution, and conducted door-to-door visits for election campaigns. This act is deemed to require strict punishment inasmuch as it may undermine the fairness and transparency of the election of the president of an association. Meanwhile, the Defendants recognized the facts charged in this case, and are against their wrongness, and the number of the Defendants’ contribution acts and door-to-door visits exceeds seven times each.

It is difficult to view the value of money and valuables provided as large amount, and it is difficult to readily conclude that the crime of this case directly affected the election result of Defendant A. In the case of Defendant A, there is no criminal conviction exceeding the same kind or fine, and in the case of Defendant B, Defendant B is an initial offender with no criminal record, and considering the Defendants’ age, sexual conduct, environment, family relationship, and all the sentencing conditions specified in the records and pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unfair. Thus, the prosecutor’s assertion is without merit.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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