(영문) 광주고등법원 2014.10.23 2014노339 | 리걸엔진

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Reasons

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(영문) 광주고등법원 2014.10.23 2014노339

공직선거법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (Defendant A: a fine of KRW 3 million and a fine of KRW 1 million, Defendant B: a fine of KRW 700,000 and a fine of KRW 700,000) is too unhued and unreasonable.

Judgment

Defendant

A Public Official Election Act (hereafter referred to as the "defendants" in this paragraph) aims to ensure the legitimacy of state power and contribute to the maintenance and development of democratic politics by ensuring that public elections, which are the basis of democratic politics, are held fairly in accordance with the free will of the people and democratic procedures, and by preventing any malpractice related to the election, and thus, it is necessary to strictly punish violations.

Before the election campaign period, the Defendant distributed the name cards of the Defendant in a legal way, distributed the name cards of candidates to the voters in a manner prohibited by the Public Official Election Act, distributed false name cards, and distributed the name cards to the voters, and the Defendant also stolen the report on the will cards of the other candidates in the course of distributing the name cards as above. The nature of the crime is not good.

It is an unfavorable factor in sentencing, such as the fact that the number of boxes distributed by the Defendants is not small, and that the Defendant distributed the name cards in the same way even though he received warnings from the election commission in relation to the distribution of name cards.

However, even if the defendant has no record of criminal punishment with the exception of fines twice, there is no record of criminal punishment, and the defendant has no record of criminal records, the fact that the defendant is against his fault, and the crime of this case seems to have no particular influence on the result of the election, and the defendant's age, character and conduct, environment, means and result of the crime, as well as the sentencing guidelines of the Sentencing Committee, such as the defendant's age, character and conduct, circumstances after the crime, etc., are taken into account, it cannot

Defendant

Defendant B (hereinafter referred to as “Defendant” in this paragraph)

참조조문

-공직선거법

유사 판례

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