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(영문) 대구고등법원 2019.03.21 2019노44
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 900,00,000) that the court below rendered is too unfilled and unfair.

2. The Defendant held a meeting to support D candidates prior to the election campaign period in B market, thereby providing opportunities for them to appeal for support for D candidates, and directly complaining for support for D candidates.

Considering that the Defendant: (a) actively led the gathering by setting up a banner that appeals against the support of the candidates for D; (b) took the initiative in the gathering; and (c) some of the participants in the gathering ( Q, Z, W, AA, AB, and V) participated in the meeting to support D candidates, the nature and circumstances of the crime cannot be deemed unhurd.

However, the Defendant did not have any history of criminal punishment before committing the instant crime, and recognized his/her mistake and is in depth against his/her depth.

Since the defendant did not clearly know the provisions related to the Public Official Election Act, it seems that the crime of this case was caused by mistake that D would hold a support group after registering as a candidate for the B market.

The crime of this case was committed after business hours, and most of the participants of 37 meetings in restaurants without customers, with prior knowledge that D candidates will participate in the crime of this case, and the effect of election campaign was relatively significant.

The defendant seems to have attended meetings to support D candidates because the purpose of some meetings is not delivered properly in the process of gathering the participants of Taekwondo or inducement institutes centering around R or T. It seems that he/she was not aware of the fact that the defendant attended meetings to support D candidates.

In addition, comprehensively taking account of the Defendant’s age, occupation, character and conduct, environment, circumstances after the commission of the crime, and all the sentencing conditions indicated in the instant records and pleadings, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unfair.

3. Conclusion.

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