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(영문) 광주고등법원 (전주) 2012.12.11 2012노255
공직선거법위반
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 5 million won.

Defendant

B.

Reasons

1. The summary of the grounds for appeal (e.g., in case of Defendant A: imprisonment for six months; suspended sentence for two years; and Defendant B: fine for eight million won) of the lower court is too heavy (the Defendants) or too unfluened, and the examination is unreasonable.

2. Determination

A. The part against Defendant A was the first offender under favorable circumstances in favor of Defendant A and the above Defendant appears to have sufficiently recognized the need for fair and clean elections that interfered with the election of the 19th National Assembly members. In particular, the above Defendant merely delivered KRW 500,000 in cash to prevent Defendant B from reporting suspicions where he was distributed free of charge at H’s Publication Commemorative Meeting where he was planned to leave the election of the 19th National Assembly members. Furthermore, it is not clear that four electors of the 19th National Assembly were to give traffic benefits by burning four voters up to voting papers, and there is no good character of the crime that is being provided to the above Defendant. The public’s intent and free democratic procedure is not sufficient. Since the implementation of a fair election by the public prosecutor according to the above free will and democratic procedure is a value that obstructs the legitimacy of state power and the development of democratic politics, and there is no reason why the above Defendant committed the crime in this case and there is no reason to view that the above Defendant’s punishment is too unfavorable or unreasonable, and there is no reason why the above Defendant’s motive and circumstances were too unfavorable for the above crimes.

B. The part against Defendant B is a journalist who is a fair election according to the free will of the people and democratic procedures, and the legitimacy of state power and the development of democratic politics are values. It is sufficiently necessary to strictly cope with election misconduct that obstructs this.

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