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(영문) 대전고등법원 2015.05.06 2015노147
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. In violation of the Public Official Election Act prohibiting the strict provision of money and valuables, the Defendant provided I with money and valuables equivalent to KRW 340,000 to the president of the village female president.

Such election crimes are not easy in that they violate the fairness of election by distorted the elector's free will due to unfair economic benefits, etc., and are likely to have the result of election depending on the ability rather than the quality, knowledge, and policy of the candidate.

However, in full view of the following facts: (a) the Defendant divided his mistake into depth and reflects; (b) the contribution act was conducted once, and the money and valuables provided therefrom are relatively larger than KRW 3,40,00 in total; (c) the first person who received money and valuables reported the Defendant’s crime; (d) the Defendant appears to have no record of criminal punishment; (c) the Defendant’s age, character and conduct, environment, motive or circumstance of the crime; (d) the motive or circumstance of the crime; (e) the method and method of the crime; and (e) the application of the sentencing guidelines of the Sentencing Committee, etc., the lower court’s punishment against the Defendant is deemed appropriate and it cannot be deemed unfair because it is too 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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