(영문) 대구지방법원 2016.07.06 2015노2659 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2016.07.06 2015노2659

공공단체등위탁선거에관한법률위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of suspended sentence of ten months, confiscation, collection 2.450,00 won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing by the accused and the prosecutor, it is recognized that there is no particular criminal history as well as the punishment twice a fine, there is no history of punishment for the same kind of crime, and multiple local residents and D employees want to have the preference against the accused.

However, in light of the legislative purpose of the Act on Entrusted Elections, such as public organizations, etc. that intend to contribute to the sound development of public organizations, etc. and the development of a democratic society by correcting existing mixed elections, it is necessary to severely punish the act of attempting to answer the climate of election as stated in each of the crimes of this case, and considering the circumstances in which the defendant was elected in the election of this case due to the difference between the number of 30 votes, each of the crimes of this case affected the election.

In light of the fact that it can be seen that the defendant's mistake is not deemed to be genuinely against his own mistake in light of the oral proceedings at the trial at the trial at the party, and considering all of the sentencing conditions specified in the argument at the time of the case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes at issue, etc., the sentence imposed by the court below is deemed appropriate, too heavy, or too unreasonable.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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