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The judgment below
Part 1 of the judgment is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) has made a statement at an investigative agency and a court of original instance as evidence that seems to correspond to this part of the facts charged, but the F’s statement is not consistent or is not consistent with objective facts, etc.
The F seems to have made a false statement in collusion with the candidate B at the time of the election or the purpose of receiving the monetary reward.
Nevertheless, the court below found the F’s statement as the main evidence to be guilty of this part of the facts charged. The court below erred by misunderstanding facts or misunderstanding legal principles.
(2) The sentence imposed by the lower court (one hundred months of imprisonment and two million won of fine) is too unreasonable.
B. The sentence sentenced to the second crime as stated by the prosecutor in the judgment of the court below is too unfasible and unfair.
2. Judgment on misconception of facts or misapprehension of legal principles
A. The crime of violation of Article 230(1)4 and Article 135(3) of the Public Official Election Act is subject to punishment for offering money, valuables, or other benefits in connection with an election campaign, or expressing an intention to offer them, or promising to offer them. The subject of punishment is not limited to offering money, valuables, etc. during the election campaign period as provided by the Public Official Election Act. The term “in relation to an election campaign” as provided by Article 135(3) of the same Act means “the purpose of election campaign is to attract matters concerning an election campaign,” which is more broad than “the purpose of election campaign”, and there was no intention to influence the election or purpose of election.
Even if the act itself is established in the necessity to regulate the act that is likely to infringe on the freedom and fairness of the election, the provision of money and valuables does not necessarily need to be the price for election campaign, and the price for provision of information related to election campaign.