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(영문) 대구고등법원 2019.01.24 2018노550
공직선거법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The Defendant’s imprisonment for eight months sentenced by the lower court is too unreasonable.

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

2. Examining the various sentencing conditions in the instant case, the following facts are: (a) the Defendant recognized the instant crime and appeared to reflect his mistake in depth; (b) the time when the Defendant provided money and valuables in the name of election campaign expenses for the election of FM candidate E was 4 months or longer from the 7th local election day that was implemented on June 13, 2018; (c) E appears to have not directly affected the result of the instant election; (d) the Defendant did not have any record of having been punished for a violation of the Public Official Election Act; (c) there was no record of punishment for a violation of the Public Official Election Act; (d) there was no record of punishment for a violation of the suspension of the execution of imprisonment; (d) there was no record of punishment since 205; (e) the Defendant provided service for the community from around 2010 to continuously donated the scholarship project fund every year; (e) the time when the Defendant provided money and valuables in the name of the Defendant’s family members and those of all levels, and (e) the Defendant had been detained for a normal period of death.

On the other hand, the instant crime provided KRW 10 million to D, the chairperson of the G organization, in terms of election campaign expenses to purchase members of the G organization, who are electors, for the election of the F-Gun candidate E, the Defendant himself/herself supports. In light of the motive, circumstance and contents of the crime, the amount of money provided, etc., the crime is not high, and the crime is very serious, and the amount of money provided, the Defendant called D first to deliver money to D, and the Defendant separately managed the list of members of the G organization.

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