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(영문) 서울고등법원 2018.01.17 2017노2813
공직선거법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (Defendant A: a fine of KRW 1.5 million, and a fine of KRW 2 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the Defendants is too uncomfortable.

2. The crime of this case was committed by the Defendants in collusion by soliciting people who intend to be a candidate for the 19th presidential election and paying money in return for the commission of transportation expenses.

The defendants' act is contrary to the legislative purpose of the Public Official Election Act in order to secure the fair purchase of the result of the election, and there is a need for adequate punishment corresponding to that of the act.

On the other hand, the amount of money provided by the defendants is not much high, and the crime of this case did not have any particular influence on the election.

Defendant

A In the case of the North Korean defectors, the proposal of the defendant B, who attempted to help the North Korean defectors adapt to the Korean society, was involved in the crime, and the defendants are against their mistake.

Defendant

B There is no record of criminal punishment, and the defendant A has no record of crime except that he/she is subject to a fine twice for a double crime.

In full view of the aforementioned circumstances and the sentencing guidelines of the Supreme Court Sentencing, the lower court’s punishment is too heavy or unreasonable in light of the following factors: (a) the scope of the recommended sentence based on the sentencing guidelines of the Sentencing Commission; (b) the Defendants’ age, sexual conduct, environment; (c) motive and background of the crime; (d) the method and consequence of the crime;

Therefore, the Defendants and the Prosecutor’s argument cannot be accepted in entirety.

3. The appeal filed by both the Defendants and the prosecutor is dismissed as it is without merit.

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