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(영문) 부산고등법원 (창원) 2015.02.25 2014노426
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (a fine of 1.5 million won) is too unreasonable.

2. Determination factors are recognized as favorable sentencing factors or objective and neutral sentencing factors such as the Defendant’s act was committed against his depth while committing the instant crime, and that the re-election will be conducted only in the J-Myeon voting district by the decision of the competent election commission. As such, the Defendant’s act did not affect the election as a result, and that the Defendant has no record of being punished for the same or a different kind of crime in violation of the Punishment of Violences, etc. Act in 193, in addition to the punishment imposed by a fine of KRW 5

However, the crime of this case, which is recognized by evidence, evidence law, and legal principles (the elements of the crime are recognized, such as the intentional act at the time of false resident registration), is derived from the defendant's appearance of the 6th nationwide local election D's member, which was implemented on June 4, 2014, and when the defendant submitted a false resident registration report in collusion with F, G, and branch H H, who is a pro-friendly agent, for the purpose of securing a person with a right to vote, and the defendant filed a false resident registration report at his domicile within the relevant constituency where the above person and his family members do not actually reside. The act of manipulating the electoral register through such disguised transfer is an act that fundamentally undermines the fairness and transparency of the election, and is not less than the punishment of the crime, and it is recognized that the total 13 persons including F, etc., including the above 13 members of F, F, G, and H's mark has not been taken as a collective disguised, but the remaining family's mark has not been disposed of, and thus, the result of the election of U.

The above sentencing factors and resident registration are false.

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