(영문) 대구지방법원 2016.04.06 2015노1724 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.04.06 2015노1724

공공단체등위탁선거에관한법률위반

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment with prison labor for a period of eight months suspension, confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the records show that: 10 copies of cash recorded among the seized articles of this case (No. 147 of the 2015 pressure of its branch office 147 of the Daegu District Public Prosecutor’s Office), 10 copies of cash recorded KRW 10 (No. 19 of the 19 of the same proof), 10 copies of cash recorded KRW 10 (No. 225 of the 2015 Seo branch office of the Daegu District Public Prosecutor’s Office No. 2015 of the 2015), 10 of cash recorded KRW 10 (No. 2 of the 2015 branch office of the Daegu District Public Prosecutor’s Office), and 10 of the 100,000 cash recorded in the list of voters for the purpose of election campaign, and thus, the subject matter of confiscation under Article 48(1) of the Criminal Act, such as those provided by the Defendant to the elector’s members.

Meanwhile, since the confiscation under Article 48(1) of the Criminal Act is discretionary confiscation, the court may decide not to confiscate it at its discretion. However, in light of the fact that a person who intends to be a candidate for an election of the president of a cooperative, like each of the instant crimes, provides money to the union members eligible to enter the electoral registry for election campaign purpose is an act that seriously undermines the objectivity and fairness of the election, and thus, there is a need to strictly obtain it for the establishment of a fair election culture, the necessity to confiscate money provided for the crime is great, and the confiscation of things provided for the criminal act against the instant case, which is similar to the instant case, is general, it is unreasonable for the court below to have rejected each of the above seizure from the Defendant.

Therefore, the part of the judgment of the court below against the defendant is voluntary.

참조조문

-형법 제48조 제1항

-형법 제48조 제1항 제1호

유사 판례

-대법원 2017.12.07 2017도7514

-대법원 2018.02.08 2017도8007

-전주지방법원 2015.02.12 2015고단57

-부산지방법원 2016.01.29 2015고합450

-대구지방법원 2016.05.04 2016노643