(영문) 서울고등법원 2014.11.07 2014노2650 | 리걸엔진

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(영문) 서울고등법원 2014.11.07 2014노2650

공직선거법위반

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 1,00,000 won, and a fine of 300,000 won, respectively.

Reasons

Summary of Grounds for Appeal

Each sentence (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 1 million) declared by the court below against the Defendants is too unreasonable.

Judgment

The crime of this case is an act of impeding the fairness of the election and distorted the result of the election as a matter of providing convenience to the electors in the relevant constituency for the purpose of having the Defendants vote or winning the election by a specific candidate. The Defendants’ crime is not limited to once, but Defendant B provided convenience to 19 electors over twice, Defendant A provided convenience in means of transportation to 19 electors. In particular, Defendant A, as a punishment of F, going out of local elections, was a punishment of local elections, even though Defendant A led to the past progress of the crime of this case. In light of the fact that Defendant A took the initiative in the crime of this case, the liability for the crime of this case is not easy.

However, in light of all the sentencing conditions, including the defendants' ages, family relations, criminal records, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime of this case, the punishment imposed by the court below on the defendants is deemed unfair, and thus, it seems that the effect of the result of the crime of this case is not significant. Defendant A is old, Defendant A has no criminal record of the same kind of crime and no criminal record exceeding fine. Defendant B took part in the crime of this case upon Defendant A's request, and there is no record of punishment due to the election crime. Defendant B did not have any record of punishment due to the election crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with all grounds, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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-서울고등법원 춘천재판부 2015.1.28.선고 2014노234 판결

-서울고등법원 (춘천) 2015.01.28 2014노234