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(영문) 서울고등법원 2018.12.13 2018노2789
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant did not recognize the illegality of the act of donation by stating that “the payment is not recognized after the declaration of non-election and withdrawal from the voting system was made,” on the reasoning of the appeal that the Defendant directly prepared by himself, and that the Defendant did not recognize the illegality of the act of donation. However, the Defendant asserted that the above assertion was withdrawn at the first trial date of the first trial, and that the lower court did not accept only the unfair sentencing.

The punishment sentenced by the court below (500,000 won) to the defendant is too unreasonable.

2. Examining the sentencing conditions stipulated in Article 51 of the Criminal Act and the sentencing guidelines of the Supreme Court sentencing committee, based on various circumstances described in the column of the “determination of sentence” of the judgment of the court below, including the favorable circumstances and unfavorable circumstances below, and the defendant’s age, sexual conduct, environment, motive and means of crime and consequences, etc., as well as the motive and consequence of the crime, etc., the sentence of the court below against the defendant cannot be deemed to be unfair because it is too unreasonable to the extent that the sentence imposed by the court below is deemed to have exceeded the reasonable scope of discretion.

Defendant’s assertion is without merit.

[The favorable circumstances] The defendant recognized the crime of this case and is against the law.

Defendant would not leave the 7th simultaneous local elections that were scheduled to be held on June 13, 2018.

After the declaration, 10,000 won, which is a small amount of 10,000 won, was provided to a group that enables friendship in the course of parliamentary activities.

The defendant's act does not seem to have any impact on the result of the local election or in-house competition.

There is no criminal offense against the defendant.

[Unfavorable circumstances] The crime of this case is that the defendant, which is a cause of the basic local council, contributed cash to the members of a group for supporting the members of the National Assembly in the same local constituency. The act of contribution to the electoral district residents harms the fairness and transparency of the election, and is reasonable by the voters.

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