(영문) 대구지방법원 2016.05.18 2016노655 | 리걸엔진

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(영문) 대구지방법원 2016.05.18 2016노655

공공단체등위탁선거에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of this part of the facts charged, although the Defendant, on January 8, 2015, provided property benefits to R, M, and N for the election campaign on or around January 8, 2015, or was provided with KRW 4 million in cash from the candidate F for the head of the G MFFFF for the election campaign on or around January 1, 2015, although he/she was not guilty of this part of the facts charged. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one month of imprisonment, confiscation, and collection KRW 3.8 million) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by stating in detail the defendant's assertion and its decision under the title "a judgment on the defendants' and defense counsel's assertion" in the judgment of the court below, on the same ground as the grounds of appeal in this case. If we look at the above judgment of the court below in detail compared with the records, the judgment of the court below is justified, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant is the primary offender to determine the unfair argument of sentencing.

However, in light of the legislative purpose of the Act on Entrusted Elections by public organizations, etc. that intend to contribute to the sound development of public organizations, etc. and the development of a democratic society by correcting existing shared elections, it is necessary to severely punish such acts as committing each of the instant crimes; the amount of money received from candidates F for the president of the GRFF for election campaign is not much significant; and part of the crimes (the provision of money is KRW 200,000 for the purpose of election campaign).

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