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(영문) 부산고등법원 (창원) 2014.12.03 2014노306
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) imposed by the lower court is too unhued and unreasonable.

2. The act of donation and provision of money and valuables related to the election for public office need to be strictly punished because it impairs the fairness and transparency of the election and it is likely to interfere with the rational choice of the voters, and the crime of this case recognized by evidence, evidence, rules of evidence, and legal principles is recognized as the case where the defendant knowingly provided a large amount of money to the competition voters, such as the case where the defendant was aware that the act of donation and provision of money and valuables under the Public Official Election Act are strictly prohibited, and the crime is not less complicated, or objective and neutral sentencing elements are recognized.

However, it is also recognized that the favorable sentencing factor or objective and neutral sentencing factor, such as the fact that the defendant led to the confession and mistake of the crime, and the electors following the crime return the money and valuables to the defendant, and the candidate was elected at the competition in the election of the candidate for the head of the Danuri Party (after that, the official election management committee for the central party of Naruri Party deprived of the eligibility for the candidate for the head of C/Gun on the ground that the defendant, N was deprived of the eligibility for the candidate on the ground that he was investigated by the prosecution) in actual C/Gun election, but the O was elected, but the crime of the defendant seems not to have a significant impact on the competition or election, and the defendant did not have any criminal record except for the punishment once by a fine for the crime of this species, is also recognized.

In full view of the aforementioned factors of sentencing and sentencing criteria, the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to each of the instant crimes, the means and consequence of the crimes, various circumstances revealed in the arguments, including circumstances after the crimes, and the scope of recommendations according to the sentencing guidelines of the Supreme Court’s Sentencing Committee (one month to ten months of imprisonment, or one million won to five million won), etc., the sentence imposed by the lower court cannot be deemed to be light to the extent that it should be reversed.

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