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(영문) 광주고등법원 (전주) 2019.01.29 2018노190
공직선거법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

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

2. The judgment of the Defendant reflects the mistake while admitting the instant crime.

There is no history of criminal punishment previously imposed by the defendant.

These points are favorable to the defendant.

On the other hand, the defendant, who is a member of the Residents' Self-Governing Committee prohibited election campaigns, established a similar organization for a person who intends to be a candidate for FF head of the 7th local election, entrusted the secretary general to conduct election campaigns using a similar organization, such as providing the chairperson of a similar organization with cash amounting to 6 million won in connection with election campaigns, and in light of the fact that the amount of money and valuables provided by the defendant is small, the criminal liability is heavy.

The crime is against the purpose of the Public Official Election Act to guarantee fair and transparent election campaign opportunities for all public officials in order to establish a fair and transparent election climate based on the past experience in the election campaign and illegal election, and to prevent the excessive competition in the election, and it is necessary to strictly punish the candidate as well as to impair the fairness, transparency, and purchase in the election, and there is a risk of causing distorted election results which may be affected by the candidate's economic power, not by the virtue and policy of the candidate.

The crime of establishing and using a similar organization of a defendant was planned and organized by having a person in charge of election campaign in the F-Gun 11 Eup/Myeon, and the number of its members was up to 600 persons, and it was implemented not only up to the 7th local election day, but also up to the 7th local election day.

The circumstances after the crime are not good, such as the escape of a person who received money or valuables, voluntarily surrenders, and the investigation is initiated.

This point is disadvantageous to the defendant.

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