logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2013.07.26 2013노185
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The penalty (700,000 won of a fine) sentenced by the first instance court on the gist of the grounds of appeal is too unhued and unreasonable;

2. Although the Public Official Election Act prohibits an election campaign prior to the election campaign period and an election campaign by means of obtaining signatures or seals from electorates, the Defendant, prior to the election campaign period, has obtained signatures from electorates by means of obtaining signatures from electorates. This is an act that significantly goes against the legislative intent of the Public Official Election Act with the aim of contributing to the development of democratic politics by ensuring that elections are held fairly in accordance with the free will of the people and democratic procedures and preventing any malpractice related to elections.

However, the defendant is also recognized as a favorable sentencing factor, such as the confession of the crime of this case and his attitude to repent, the number of Signatories is relatively large, and the effect of the actual election is not significant, and there is no same criminal record.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed appropriate, and it is deemed unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

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

arrow