logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.11.28 2014노2919
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (a fine of three million won) imposed on the defendant by the court below is too unhued and unfair.

Judgment

An election-related contribution act, such as this case, is a serious crime that interferes with free and fair election due to the risk of interference with unjust interests and distort the decision-making of the voters, and the Public Official Election Act strictly prohibits the contribution act regardless of its name or form.

The amount of the contribution act in this case is not specified, but the 29 persons subject to the contribution act and the defendant's liability cannot be deemed to be less than that of the defendant.

However, there are no criminal convictions related to the defendant, and there are no criminal convictions related to the suspension of execution.

In full view of all the sentencing conditions, including the Defendant’s age, family relation, criminal record relation, character and conduct, occupation, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the prosecutor’s assertion is without merit, as it is deemed that the sentence imposed by the lower court is too unjustifiable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

arrow