(영문) 서울고등법원 2013.03.21 2012노4006 | 리걸엔진

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(영문) 서울고등법원 2013.03.21 2012노4006

공직선거법위반

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 3,000,00 and by a fine of KRW 5,00,00.

Reasons

1. The summary of the grounds for appeal (for defendant A, four months of imprisonment, one year of suspended execution, six months of imprisonment and one year of suspended execution) declared by the court below is too unreasonable.

2. The Defendants prepared to prepare in advance and held the instant meeting, and the fact that there are 50 or more parties to the instant contribution act, etc. are conditions for sentencing disadvantageous to the Defendants.

However, the contents of the act of donation in this case were relatively minor, rather than money and valuables, and the amount is not relatively large, the amount is not a relatively large, Defendant A's frequency of the act of donation is limited to once, Defendant B's act of donation in accordance with the direction of Defendant B, Defendant B's act of committing the crime in this case in order to show it to Defendant B, and it does not seem to have made any profit due to this act. E is not deemed to have a significant impact on the election due to the Defendants' act, such as going out without the official consent of D parties and falling back to his office. Defendant A was sentenced to a fine of this kind, Defendant B is only the primary offender, Defendant B is the primary offender, Defendant B is remarkably divided, and Defendant B is also subject to the defendants' age, character and behavior, environment, circumstances of the crime in this case, and various sentencing conditions after the crime. In full view of various sentencing conditions, etc., the judgment of the court below is somewhat inappropriate.

Therefore, the defendants' arguments are justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.

The criminal facts and the summary of the evidence recognized by the court are all the same as the facts of the judgment below, and thus, they are invoked as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Determination of fines under Articles 257(1)1 and 115 of the Public Official Election Act, and Article 30 of the Criminal Act regarding criminal facts

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