logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.01.21 2014노787
공직선거법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor): The sentence of the court below (the fine of 700,000 won, the fine of 500,000 won, and the fine of 500,000 won) is too unflu

2. The crime of this case is deemed to have committed the crime of this case that Defendant A and his spouse, who had been registered as the members of the district district in Ulsan Metropolitan City, Ulsan Metropolitan City, the 6th regional election, and Defendant B, their spouse, were given door-to-door visits to 38 households, at the same time, distributed four copies of name-to-door. Such an act would impair the legislative intent of the Public Official Election Act that seeks to establish a transparent and fair election campaign culture, and would pose a high risk of undermining the fairness of election by affecting the right decision-making or judgment of the candidates, etc., which are disadvantageous to the Defendants.

However, in light of the following: (a) the Defendants were aware of their mistakes while committing the instant crime; (b) the Defendants appeared to have engaged in an election campaign immediately after being investigated by the competent election commission; (c) Defendant A did not depart from the 6th nationwide local election; (d) the number of households visited by the Defendants is 38 households; and (e) the Defendants were merely distributed to 4 pages; and (e) Defendant A did not have any other criminal records other than the one sentenced to a fine once due to the violation of the Assembly and Demonstration Act; and (e) Defendant B did not have any criminal records other than the one sentenced to a fine once due to the violation of the Assembly and Demonstration Act; and (e) Defendant B did not have any other criminal records other than the one sentenced to a fine; and (e) the sentencing conditions as shown in the instant pleadings, such as the Defendants’ age, character, and environment, motive, means

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. It is so decided as per Disposition.

arrow