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(영문) 부산고등법원 (창원) 2015.04.22 2015노107
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The suspended sentence of a fine of three million won (a fine of three million won) imposed by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. In each of the instant crimes recognized by the evidence, evidence-based rules, and legal principles, the Defendant’s spouse provided property benefits to the local chairperson and the electorate in the process of recommending the Defendant’s spouse as a candidate for proportional representation as the HH local council members, and as such, there is a need to strictly punish the Defendant as being likely to undermine the fairness and transparency of the election and to interfere with the reasonable choice of the voters, or there is objective and neutral sentencing elements.

However, the extent that the defendant provided meals to the number of persons who provided meals together, the amount of such meals is very minor; the defendant has no special criminal record except for three minor fines; the proportional representative candidates for the local council members of the G political party HH are merely recruited by the Internet Gongcheon-do Council at the request of the Internet Gongcheon-do Council members; D orO did not participate in the recommendation or decision; and on May 3, 2014, upon the completion of the application for Gongcheon-do application, only I requested that some party members at the time of application withdraw I's request for withdrawal of I's request; therefore, the request for support was prepared on May 5, 2014 and following the date, and it appears that the main purpose of each of the above meetings was not to have been achieved; D's request for support to H market candidates at the time, which was closed to H market candidates, could not be calculated in favor of the defendant; and it appears objective and neutral elements for sentencing, such as sentencing.

The statutory penalty for a violation of the Public Official Election Act (a punishment of not more than five years, and a fine of not less than five million won and not more than 30 million won) due to the provision of money and valuables related to the recommendation of candidates with more severe sentencing factors and punishment, sentencing guidelines, sentencing guidelines, and the defendant's age.

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