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(영문) 부산고등법원 2016.10.19 2016노556
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. It is unfair that the sentence of the lower court (one million won of a fine) against the Defendant in the summary of the grounds for appeal is too unfilled.

2. The Public Official Election Act strictly prohibits the act of donation, regardless of its name or form, since the act of donation related to the judgment election harms the fairness and transparency of election and it is likely to interfere with the rational choice of the voters. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant made the act of donation against the school operation committee members, etc. attending the meeting with the intention of the defendant by taking advantage of the debate on education policy, etc., and the crime is bad in nature, and the other party of the act of donation is also not much.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the value of the profits provided by the Defendant is minor; (c) the Defendant’s act did not have a substantial influence on the election result; (d) the Defendant has no record of committing the same kind of crime; and (e) the Defendant’s age, character and conduct, family relationship, and circumstances after the commission of the instant crime; and (c) the sentence of the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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