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(영문) 대전고등법원 2015.05.06 2015노109
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The purpose of the Public Official Election Act is to ensure the legitimacy of state power and to contribute to the maintenance and development of democratic politics by ensuring that public elections, which are the basis of democratic politics, are held fairly in accordance with the free will of the people and democratic procedures, and by preventing any malpractice related to the election. The same is also applicable to illegal acts related to the intra-party competition.

The Defendant, while working as a candidate for the F Party E-Gun primary election, was mobilized by the branch to get G to be elected as a candidate in the primary election for the F Party E-Gun primary election.

In light of the fact that the candidate supported by the defendant was elected as a Fparty candidate in the competition, the crime of the defendant seems to have influenced to some extent in the intraparty competition.

Since these crimes of the defendant are crimes that undermine the fairness and transparency of the election, the defendant should be held liable corresponding to them.

However, in full view of the fact that the defendant repents his mistake and reflects his depth, that the defendant has no specific criminal records other than the previous offense of fine, and that there are other factors such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and method of the crime, circumstances after the crime, etc., the court below's punishment against the defendant is deemed appropriate and it is not unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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