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(영문) 대전지방법원 2016.05.13 2015노2940
공공단체등위탁선거에관한법률위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is an act of violating Article 58 subparag. 1 of the Act on Entrusted Elections, including public organizations, which punishs those who intend to influence the elector’s exercise of voting rights, by providing 16 electors with goods worth a total of 1,500,000 won for the purpose of election campaign. The above act is an offense that interferes with the elector’s free exercise of voting rights and is highly likely to undermine the fairness and transparency of election, and thus, requires strict punishment.

Meanwhile, the Defendant led to the confession of the instant crime and reflect on the fact that the market price of the goods provided to one elector is relatively small, and the Defendant obtained 143 marks out of the total number of votes obtained 1,431, and the instant crime had a significant impact on the result of the election.

It is difficult to see that there is no particular criminal force on the defendant except for the criminal conviction due to the violation of the Road Traffic Act in 1979.

In full view of the above circumstances and other various sentencing conditions as shown in the records of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, etc., the sentence of the lower court is within the scope of the sentencing discretion granted to the lower court, and it cannot be deemed that the proper sentence is too heavy or too harsh and unfair.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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