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(영문) 광주고등법원 2016.12.08 2016노381
공직선거법위반
Text

The judgment below

Part concerning Defendant D and E shall be reversed, respectively.

Defendant

D. E shall be punished by a fine of KRW 3,000,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B (Definite misunderstanding of facts, and unreasonable sentencing)’s election campaign and prior election campaign under the name of the organization:OO is not an organization for N’s election campaign.

In addition, the Defendants did not know that the OO mountain conference was an election campaign organization, and did not carry out an election campaign only through incidental activities at the OO mountain conference event.

B) The point of contribution act: The Defendants thought that they were pure mountain societies, provided part of the food expenses or remitted money under the pretext of membership fees for advisory members, and did not make a contribution for N in the election. 2) The lower court’s punishment on the Defendants of unfair sentencing (each fine of KRW 5 million) is too unreasonable.

B. The lower court’s sentence against Defendant C, E, and F (F) on the Defendants (F) is too unreasonable.

C. The lower court’s punishment against the Defendants (e.g., Defendant D’s fine of KRW 3 million and each of the remaining Defendants’ punishments) is too uneasible and unfair.

2. On January 15, 2016, Defendant D’s ex officio judgment on Defendant D and E was sentenced to four months of imprisonment for the crime of perjury and one year of suspended execution, and the Gwangju District Court’s judgment on November 22, 2016, which was sentenced to the dismissal of appeal on November 30, 2016, became final and conclusive on November 30, 2016.

In addition, on June 4, 2015, Defendant E was sentenced to imprisonment with prison labor for 4 months for general traffic obstruction in the Gwangju District Court 2014Kadan4762 and one year for suspension of execution, and was sentenced to dismissal on November 24, 2015 in the Gwangju District Court 2015No1538 case, which is the appellate court, and was sentenced to dismissal of appeal on November 24, 2015, and became final and conclusive on June 23, 2016.

Since each of the above crimes and the above crimes in the judgment of the court below against the above defendants are concurrent crimes under the latter part of Article 37 of the Criminal Act, they are concurrent crimes under Article 39 (1) of the Criminal Act.

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