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(영문) 광주고등법원 2015.02.12 2014노394
공직선거법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the Defendants.

Reasons

1. The decision of the court below on the summary of the grounds of appeal (the defendant A: the fine of 1.2 million won, the fine of 1.1 million won: the defendant B) is too unreasonable.

2. The defendants attended the project explanation meeting of the Livestock Cooperatives member twice in spite of the absence of status as a member of the Livestock Cooperatives member prior to the election campaign period, and made a statement about his/her support by using a loudspeaker system against many members of the Livestock Cooperatives member, and the extent that it harms the fairness of the election is not significant.

This is disadvantageous to the Defendants.

On the other hand, the defendants' confession and reflect on each of the crimes of this case, and speaking at the request of the organizer, which led to the above crimes and did not seem to have been planned by the defendants, and the actual effect of the election was not significant, and the fact that there was no record of punishment for the same kind of crime is favorable to the defendants.

Considering the above grounds for sentencing and other circumstances revealed in the instant pleadings, such as the Defendants’ age, character and conduct, family relation, environment, details and degree of crime, and circumstances after the commission of crime, the lower court’s punishment against the Defendants is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 254 (2) of the Public Official Election Act (a violation of an election campaign period), Articles 255 (2) 4 and 91 (1) (a violation of restrictions on use of loudspeaker systems) of the Public Official Election Act, each of the relevant laws on criminal facts;

1. Each of the Criminal Code of Commercial Competition.

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