logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.04.22 2015노1752
공공단체등위탁선거에관한법률위반
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A (the imprisonment of eight months, the suspension of the execution of two years, the forfeiture of the sentence) is too unreasonable.

B. Each sentence (Defendant A: 8 months of imprisonment, 2 years of suspended execution, confiscation, 4 months of imprisonment, 1 year of suspended execution, 1 year of suspended execution, and confiscation) that the court below sentenced to the Defendants is unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared with the first instance court, and the sentencing in the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Each of the instant crimes is against the legislative intent of the Act on Entrusted Elections, such as public organizations, etc. intending to contribute to the sound development of public organizations, etc. and the development of a democratic society by ensuring that elections by public organizations, etc. are carried out clean and fair, so it is not easy to say that the case is inconsistent with the legislative intent of the Act on Entrusted Elections, such as the fact that the number of crimes committed by Defendant A and the above defendant, who was a candidate for the election of the president of the G association, are disadvantageous to the Defendants, such as the method of crimes committed by Defendant B, a member of the association with interest of the above defendant, and the circumstances after the crime committed by both the Defendants and the Defendants were found unfair reasons.

3. Accordingly, the appeal by the Defendant A and the Prosecutor is without merit.

arrow