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(영문) 부산고등법원 (창원) 2015.01.07 2014노337
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 of public officials 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, evidence, evidence, rules of evidence and legal principles, and the crime of this case recognized by the defendant is acknowledged as an unfavorable sentencing factor or objective and neutral sentencing factor, such as the fact that the defendant found the house of H, who is the spouse of G, who is the competition elector in the D Party, and the one who is related to C, and the one who is related to C, for the purpose of enabling the D Party C to be elected as the candidate of the D Party C at the competition in the competition in the party election of the D Party, for the purpose of enabling the D Party C to be elected as the candidate of the D Party C.

However, more favorable sentencing factors or objective and neutral sentencing factors are also recognized, such as: (a) the Defendant has no previous convictions, and there is no amount of money given in the instant contribution act; (b) the spouse of the competition elector on the following day of the crime was reported to the Gyeongnam-do Election Commission to receive money and valuables; and (c) the money and valuables received by the spouse of the competition elector was submitted to the Gyeongnam-do Election Commission; and (d) in fact, those other than E were elected as the Dparty C candidate in the competition; and (e) there are no particular impacts on the intraparty C candidate in the competition.

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 pleadings, including the circumstances after the crimes, and the scope of recommending punishment according to the sentencing guidelines of the Supreme Court’s Sentencing Committee (one month to ten months of imprisonment or a fine of one million won to five million won).

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