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(영문) 부산고등법원 (창원) 2015.01.14 2014노364
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (2.5 million won of a fine) is too unreasonable.

2. Since the judgment, the defendant recognized his mistake as an investigative agency and reflected in depth, the defendant can generally appear due to the age of 80 years old, that is, the degree of decentralization and judgment power, etc. before the towing, it seems that the defendant's deceptive act did not appear to have committed the crime in contingency and shockly, and that the defendant was not likely to have committed the crime in this case from the beginning and with the intention to have a significant impact on the election, such as the fact that the defendant plans to commit the crime in this case, and that the degree of assault against E is not serious, and that there is no criminal history, and that there is an objective and neutral sentencing factor.

However, the crime of this case recognized by evidence, evidence law, and legal principles (it is not determined that the defendant has a mental disorder, and the time and place of the crime is also recognized as a requisite for the formation of crime, such as intentional act, etc.), is also acknowledged as an unfavorable sentencing factor or objective and neutral sentencing factor, such as the defendant's direct violence to E, which is a candidate for the election of public officials, from verbal abuse at the election campaign preparation site, and the responsibility for the crime is not easy, and the defendant's act causes the risk of disturbing the election order to be maintained fairly by bringing about the negative and negative increase of E, which is the candidate, by neglecting the right holder.

As above, each sentencing factor and statutory penalty for the crime of violation of the Public Official Election Act (a limited term of not more than 10 years or a fine of not less than 5 million won but not more than 30 million won), Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to the instant crime, and means of committing the instant crime.

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