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(영문) 서울고등법원 2016.11.18 2016노2661
공직선거법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment sentenced by the court below (the fine of 700,000 won by each defendant) is too unreasonable.

2. Determination of the Public Official Election Act is prepared to contribute to the development of democratic politics by ensuring that elections are held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to elections, and the corresponding punishment is required for such offense.

The crime of this case is not against the name of the preliminary candidate who is an election campaign worker of the pertinent preliminary candidate or the Defendants who are supporting the election campaign worker at the time of 50 days before the election day of the 20th National Assembly members, in violation of the election campaign methods under the Public Official Election Act, and is not likely to undermine the legislative intent of the Public Official Election Act and affect the free decision-making of voters, and thus, the crime is not likely to undermine the fairness of election.

However, the number of the Defendants’ rootss, and there seems to be no significant influence on the election of the instant crime, such as that the candidates supported by the Defendants are not elected. Defendant A did not have any criminal history, nor Defendant B did it have any criminal history other than a fine for negligence, and all the Defendants recognized their mistakes and reflect their depth. There are many favorable circumstances, such as the fact that Defendant A did not have any criminal history, and Defendant B did not have any other criminal history.

In light of the above circumstances as well as the various sentencing conditions stipulated in Article 51 of the Criminal Act with respect to the Defendants, the sentence imposed by the lower court against the Defendants is appropriate, and it is not deemed unfair as it is alleged by the Defendants.

3. As such, all appeals filed by the Defendants are without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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