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(영문) 서울고등법원 2014.12.19 2014노3444
공직선거법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The reasons for appeal that the court below rendered against the defendant are too unreasonable. (The fine of KRW 3,000,000)

2. The criminal liability of the accused is not easy in that the contribution act related to the election for public office contributes to the establishment of the support foundation for the candidate or is likely to lead to an act of purchase, thereby impairing the fairness and transparency of the election and impairing the rational choice of the voters.

However, the defendant recognized the error in the trial for the first time, and is in violation of depth, and the crime of this case was committed by the defendant's mother's mother, who was aware of that the child of H was decent, and 200,000 won was applied to his mother's mother under the weak value, and the amount is relatively less and less, and there are circumstances that can be considered in the motive for payment, and as the defendant's husband, E, which is the defendant's husband, seems to have an influence on the election of the defendant, as the crime of this case was born in the election concerned, it seems that the defendant did not have any criminal power; the defendant has no record of crime; if the sentence of the court below is finalized, there are circumstances that the husband of the defendant must return the preserved election expenses; the other defendant's husband's age, environment, character and conduct, circumstances after the crime, and all the sentencing factors specified in the argument of this case, such as the defendant'

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this court is identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning criminal facts and Article 257 (1) 1 of the same Act concerning the selection of punishment, the lower court held that the Defendant is a candidate for the husband in the light of the party.

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