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(영문) 대구고등법원 2017.04.13 2017노42 (1)
공직선거법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (Defendant B: fine of two million won, Defendant C: Violation of the Public Official Election Act in its holding, and fine of three million won for the crime of injury, and obstruction of business in its holding) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, the Defendants appeared to have committed the crime in entirety and to reflect their mistakes in depth, and the Defendant B was a disabled person of Grade 1 of visual disability, and the Defendants did not have any same force as the Defendants, with the knowledge of the fact that the Defendants, who introduced the sponsor, was aware of the fact that there was a charge of violating the Public Service Election Act against A, an assistant officer of the competition candidate who introduced the sponsor, and had a negative impact on other sponsors in the future, and there are circumstances to be considered in the course of the instant crime. The victims, AB, and I complain of the Defendants, the victims, AB, and I appeal against the Defendants, and the Defendants were working as the president and the Secretary General of the Association from 2014, respectively.

On the other hand, the crime of this case is committed by the Defendants at a different point from the 15 persons related to the above Federation at the time when the Defendants prevented the competition, and interferes with election affairs for about 3 hours by stopping the candidates from participating in the election office of AB preliminary candidate, and Defendant C inflicted an injury on the person in charge of accounting in the process. In light of the means, methods, results, etc. of the crime, the nature of the crime is not easy, and the fact that AB preliminary candidate side suffered a large amount of damage on the part of the Defendants, which is disadvantageous to the Defendants.

As above, the age, career, and career of the Defendants are different from or favorable to the Defendants.

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