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(영문) 부산고등법원 (창원) 2014.11.19 2014노299
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment and six months of suspension of execution of imprisonment) is too unhutiled and unfair.

2. Determination of the Public Official Election Act strictly limits the methods and timing of election campaigns in order to ensure that elections are held fairly in accordance with the free will of the people and democratic procedures. Each of the crimes of this case, which are recognized by evidence, evidence-based rules, and legal principles, is recognized as an unfavorable sentencing factor or objective and neutral sentencing factor, such as: (a) the Defendant provided money and valuables in relation to the election campaigns for candidates in relation to the National east Local Election NN market election, which will be held on June 4, 2014; (b) provided election campaigns prior to the election campaign period; and (c) provided gasoline in relation to the election campaign; and (d) provided with gasoline in relation to the election campaign.

However, since the Defendant did not have the same criminal record, all of the crimes of this case were led to confession and seriously against the Defendant, and the case was arrested on May 14, 2014 by arrest warrant on May 14, 2014 and was detained for 115 days until the date of the original judgment, the aboveO was dead from the above election, and the effect of each of the crimes of this case on the election was deemed not to have been significant. Since each of the crimes of this case was from January 14, 2014 to May 5, 2014 (the election day from January 14, 2014 to March 4, 2014) it is also recognized that the sentencing factor or objective and neutral sentencing factor is also acknowledged.

The aforementioned factors of sentencing and sentencing guidelines, the defendant's age, character and conduct, intelligence and environment, motive and background leading to each of the crimes in this case, various circumstances revealed in the arguments, including the means and consequence of the crimes, and the circumstances after the crimes, and the scope of recommendations according to the sentencing guidelines of the Supreme Court Sentencing Committee (one month from June to May 10), BN of the aboveO, election campaign manager AE, etc.

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