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(영문) 서울고등법원 2018.05.03 2018노727
정치자금법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The lower court, as indicated in its reasoning, sentenced the Defendant to the above punishment on account of the fact that: (a) the Defendant had no record of criminal punishment other than a fine set forth in the first instance court; (b) has been employed from around 2002 as a member of the Si Council; or (c) has contributed to the development of the community; or (d) has not refused a member’s demand for unconstitutionality on the part of the G Council; and (b) has reached an offense of this case without having reached the demand of the member of the G Council for

In light of such circumstances, the Defendant’s act of this case’s act of providing money in order to obtain an official recruitment as a candidate for the D market of the Party E, which is not good for the motive for committing the act, providing money to persons related to a political party belonging to the political party for the purpose of official recruitment may lead to confiscing the process of selecting candidates for public office to be fair and purchasing public office in money, and the amount issued by the Defendant exceeds KRW 500 million, etc., the sentencing of the first instance judgment does not seem to have exceeded the reasonable scope of discretion, and it is reasonable to respect the sentencing of the lower court on the grounds that there is no particular change in circumstances in the sentencing conditions in the trial.

Therefore, the defendant's argument of sentencing is without merit.

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

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