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(영문) 서울고등법원 (춘천) 2014.12.17 2014노221
공직선거법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant asserts that it is too unreasonable for the sentence (fine 800,000) imposed by the court below against the defendant, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

The defendant provided meals to the residents in the constituency for the preliminary candidate E in which he / she helps by the election campaign manager. This act is likely to distort the total will of the electors by inducing electors to vote for reasons other than the quality or ability of the candidate.

However, as it appears that the amount provided is not significant, the other party to the contribution act is the core assistant who actively helps the election campaign of E, and thus, it is different from the contribution act to the general public. As we can see that the defendant believed that there is no problem in providing meals in the form of an accounting report to the election commission in the future, and there is room to deem that the defendant committed the instant crime without properly verifying the Public Official Election Act. There is no record of the crime, and there is no record of the crime, and there is no record of the crime. In full view of all the sentencing conditions in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., it is difficult to view that the punishment of a fine of eight million won imposed by the court below is too heavy, or it is difficult to reverse it to the extent that the punishment is too heavy or unfford.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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