(영문) 서울고등법원 2017.07.05 2017노721 | 리걸엔진

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(영문) 서울고등법원 2017.07.05 2017노721

공직선거법위반

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1 and 1 of the lower judgment’s facts are as follows. Defendants 1 and 1 of the lower judgment’s act of donation related to Paragraph 1 of the same Article are attendance at the meeting of the instant meal group. Defendant C merely requested the principal agent of the group to treat meal costs and did not participate in the calculation or return of meal costs. Defendant D merely compensated the meal cost that was paid by R after receiving a demand for the payment of meal costs from B.

As such, the lower court erred by misapprehending the facts charged, thereby convicting the Defendants of this part of the facts charged, although the Defendants had not conspired to commit this part of the contribution act.

B) Defendant D’s contribution act related to the crime of the lower judgment’s crime No. 2 is merely a demand for the payment of meal expenses from B, and there was no conspiracy for this part of the crime of contribution.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of this part of the facts charged.

2) The punishment sentenced by the lower court to the Defendants (Defendant C: a fine of KRW 500,00,000, and a fine of KRW 1.2 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below to Defendant D is too unhued and unreasonable.

2. Determination:

A. As to the Defendants’ assertion of mistake as to the facts alleged in the lower judgment, the lower court rejected the Defendants’ assertion on the following grounds: (a) stated detailed circumstances in detail from the last 10th 22th 22th 19 am and the 23th 8 am and 25th 11 am from the said judgment.

Examining the above circumstances admitted by the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just.

Therefore, the judgment below did not err in the misapprehension of facts as alleged by the Defendants, and the Defendants’ assertion is without merit.

B. Determination as to the wrongful argument of sentencing by both parties

유사 판례

-서울고등법원 2015.04.17 2015노428

-서울중앙지방법원 2017.2.10. 선고 2016고합1017 판결

-수원지방법원 2016.09.09 2016노1219

-대전지방법원 논산지원 2015.11.06 2015고단418

-서울고등법원 2016.09.28 2016노812