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(영문) 대구고등법원 2014.11.13 2014노466
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

In light of the main points of the grounds for appeal (unfair) in light of the fact that the Defendant, who was released from the election of the members of the Sung-Gun Council, did not have a relatively much opportunity to inform the relevant voters of himself/herself, resulting in each of the crimes of this case, the punishment (one million won of a fine) imposed by the court below against the Defendant is too unreasonable.

Judgment

Not only does the defendant have no record of criminal punishment for the same crime, but also recognized all of the crimes of this case, and reflects his mistake, and as the crime of this case has fallen during an election, it is obvious that each of the crimes of this case has a minor reason to have an effect on the election.

Meanwhile, the purpose of the Public Official Election Act is to ensure the legitimacy of state power and to contribute to the maintenance and development of democratic politics by ensuring that an election for public office is held fairly in accordance with the free will of the people and democratic procedures, and preventing any malpractice related to the election. As such, there is a need to strictly punish the act of violation. Each of the crimes of this case is that the defendant distributed promotional materials of preliminary candidates in a way that is not prescribed by the Public Official Election Act in relation to the election, and that the defendant visited the residence of about 30 households of electorates by door to door, and that the crime

In light of other circumstances, comprehensively taking into account the Defendant’s age, character and conduct, intelligence and environment, and circumstances after the commission of the crime, the sentence of the lower court appears to fall under the scope of appropriate sentence corresponding to its liability, and it is not determined that the sentence is too unreasonable.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

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