logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2017.02.13 2016노418
공직선거법위반
Text

The judgment of the court below is reversed.

The sentence against the accused shall be 700,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. As to the gist of the reasons for appeal, the court below's decision (1.2 million won in penalty) asserts that the defendant is too unaffortable and unfair, and the prosecutor asserts that it is too unaffortable and unfair.

2. We also examine the unfair sentencing argument between the Defendant and the Prosecutor.

Considering the fact that the Defendant, as a member of the election affairs of the F candidate for the interest of the Do Council members, was in a position to know about and comply with the election laws and regulations, he/she did election campaign against many unspecified persons on the election day in violation of the Public Official Election Act, and that the Defendant again committed a similar type of crime despite the fact that he/she was punished once due to a violation of the Public Official Election Act.

However, on the other hand, the Act was amended to allow election campaign using the Internet and text message on the election day after the decision of the court below was made to accept the changed election environment, such as the development of information and communication technology, and to cope with the need to expand the participation of voters, so the defendant cannot be exempted from punishment, but the punishment of the crime of this case was significantly lowered.

Considering all the sentencing conditions shown in the argument of the instant case, such as the Defendant’s age, sex, environment, motive and background of the instant crime, and circumstances after the instant crime, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is remanded after pleading.

arrow