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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal by the lower court (2.5 million won of a fine) is too unreasonable;
[Defendant’s statement submitted by his/her counsel on October 27, 2015 includes a mistake of facts that the Defendant’s oral statement is not false. However, the statement of grounds for appeal submitted by his/her defense counsel within the lawful period for submitting the statement of grounds for appeal contains only the allegation of unfair sentencing, and the court of appeals refers to the grounds for appeal stated in the petition of appeal or the grounds for appeal included in the statement of grounds for appeal submitted within the above period. However, in exceptional cases where the grounds that affect the judgment are not included in the statement of grounds for appeal (Article 364(1) and (2) of the Criminal Procedure Act). Thus, even if the Defendant or his/her defense counsel states matters not included in the statement of grounds for appeal in the appellate court, such circumstance alone does not constitute a legitimate grounds for appeal as alleged in the statement of grounds for appeal (see, e.g., Supreme Court Decision 2006Do8488, May 31, 2007). The defendant’s aforementioned grounds for appeal can not constitute legitimate grounds for appeal even if they have made a mistake in the court.
2. The fact that the Defendant’s instant crime was committed only once against the elector E, that the Defendant recognized the fact that the Defendant carried out an election campaign for the candidate F, and that the Defendant was the first offender with no criminal history is favorable to the sentencing of the Defendant.
However, the crime of this case basically interferes with and distorted the correct judgment of the electors, thereby undermining the fairness of the election, thereby hindering the sound development of public organizations such as agricultural cooperatives, and harming the foundation thereof, and 'the crime of this case continues to spread.'