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(영문) 광주지방법원 2016.06.22 2015노3237
공공단체등위탁선거에관한법률위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts does not constitute a 300,000 won to H as stated in the facts constituting a crime in the judgment below.

(2) The sentence of the lower court (an amount of KRW 5 million, confiscation), which is unfair in sentencing, is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The Defendant alleged to the same effect in the lower court’s judgment.

The lower court rejected the Defendant’s assertion on this issue on the grounds of its stated reasoning.

B. In full view of the following circumstances cited by the lower court in its judgment, the lower court’s determination is justifiable in view of the circumstances acknowledged by the evidence duly admitted and investigated by the lower court or by comprehensively taking account of the following circumstances.

Therefore, the defendant's above assertion is without merit.

(1) The Defendant’s statements concerning the circumstances during which the gold delivery counterpart met H are not consistent as follows.

(A) On March 16, 2015, the Defendant made a statement at the prosecutor’s office that “I met the H, entering the house of this case and getting out of the house with other people, and I divided his talk about the work that she does not enter the house, and she did not she talk about the work that she does she does with the Geman and Gemanmanmanman.” (B) On March 26, 2015, the Defendant made a statement at the prosecutor’s office that the aforementioned content was first presented at the prosecutor’s office, but the Defendant made a statement before “I would like to make a statement because I would not properly memory, so I would like to make a statement because I would like to receive the evidence from the prosecutor’s office on March 16, 2015 (the evidence record 147 pages).” (2) The Defendant collected the evidence from the prosecutor’s office on March 16, 2015.”

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