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(영문) 대구고등법원 2013.06.20 2013노174
공직선거법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 1.5 million) is too unhued and unreasonable.

2. The judgment system on residence voting is highly likely to be denied since it enables persons without any public organization to vote at their residence without the management of any public organization. Since the defendants, instead of reported persons, are in a situation close to the impossibility of voting by the senior citizens, who are patients with the nature of severe illness such as dementia, and thus, the crime of this case is not only against the free will of voters, but also against the fairness of election, which is the foundation of democracy, inasmuch as the voting will of others can be reflected in the election of others, and there are frequent cases similar to this case in relation to reported reports by those who reported false reports by the defendants, it cannot be said that there is little possibility of criticism in light of the fact that the defendants received prior guidance from the election commission employees to the effect that they should not make false reported reports.

These circumstances are disadvantageous to the Defendants.

On the other hand, the Defendants recognized all crimes as a first offender who has no record of criminal punishment and violated the depth of the mistake.

Since the crime of this case led to the absentee voting, it did not actually affect the fairness of the election.

The Defendants do not seem to have committed the instant crime for the purpose of committing a specific candidate or proxy voting.

These circumstances are favorable to the Defendants.

In addition to this point, in full view of various circumstances, including the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unjustifiable and unreasonable.

3.

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