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(영문) 서울고등법원 (춘천) 2019.03.13 2019노6
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) of the lower court is too unreasonable.

2. The lower court’s judgment is that money and valuables provided by the Defendant as a contribution act is favorable to the Defendant, such as: (a) approximately 10-15 bresbres, which were packaged by the piece at the time of the first crime; (b) about 15 bresbresbresbres, and 15 bresbresbres, at the time of the second crime; (c) the value of which is minor; (d) the other party to the contribution act was an aged person in the senior citizen center at the senior citizen center; and (e) each contribution day was the seventh Dong-si local election day, the 1,2 years ago, and around July 13, 2018, where the Defendant wishes to become a candidate; and (e) the Defendant was fully recognized and there was no record of punishment for the same kind of crime.

However, in a case where there is no change in the conditions of sentencing compared with the original judgment and the sentencing of the original judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect them. It is desirable to refrain from rendering a sentence that does not differ from the original judgment on the sole ground that the sentence of the original judgment falls within the reasonable scope of discretion but is somewhat different from the appellate court’s opinion.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of such legal principles, the Defendant made a contribution to the electorate even though he/she was a candidate for the 7th nationwide local election. This is an offense that undermines the purpose of legislation of the Public Official Election Act, where the election is prohibited by free will of the people and democratic procedures so that the election is held fairly and fairly. The Defendant was in a position to strictly observe the Public Official Election Act as an incumbent Si council member at the time of each crime, and, in particular, received education that he/she should not make a contribution when he/she becomes a Si council member (179 pages of investigation records).

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