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(영문) 광주고등법원 (전주) 2014.11.25 2014노212
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) of the lower court is too unreasonable.

2. The fact that the candidate who supported the Defendant in the course of committing the instant crime appears to have fallen and that the effect on the election was not significant as a result, and that the Defendant repented and reflected his mistake, that the Defendant has no record of criminal punishment of the same kind, and that the economic situation of the Defendant seems to be somewhat difficult constitutes a normal situation favorable to the Defendant.

However, the crime of this case was distributed by the defendant in violation of the methods of election campaign under the Public Official Election Act. Such act is against the purpose of legislation of the Public Official Election Act that strictly regulates the methods of election campaign in order to ensure the fairness of election, and is likely to impair the fairness of election by affecting the right decision-making or judgment of the candidates. Although it is not the same criminal power, there are a number of criminal records (14 times of fine, one time of suspended execution, one time of suspended execution) against the defendant, which are not of the same kind of criminal power, and it seems that the defendant's compliance consciousness is weak. Considering the various sentencing conditions of the defendant's oral argument of this case, such as age, character and behavior, environment, family relationship, motive and circumstance after the crime, and the balance of recommendations on sentencing guidelines, etc., even if considering the circumstances favorable to the defendant, the sentence imposed by the court below is too unreasonable compared to the extent of the defendant's responsibility. Thus, the defendant's assertion is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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