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(영문) 대구고등법원 2016.09.01 2016노331
공직선거법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year and six months) imposed on the Defendant by the lower court is too unreasonable.

(A) The defendant asserted that the applicable provisions of law were erroneous due to the grounds for appeal, but the defendant withdrawn the application on the first trial date of the trial. (b)

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Public Official Election Act strictly regulates the provision of money and valuables related to election campaigns in order to prevent election campaigns from being mixed, overheated, and to ensure that elections can be held fairly and transparently through free and democratic procedures.

The crime of this case is an act of damaging the above purpose of the Public Official Election Act in that the defendant engages in an election campaign for the 20th National Assembly members of the National Assembly and provided 35 million won in total to 17 members of the National Assembly members of the National Assembly of F. The crime of this case is a act of damaging the above purpose of the Public Official Election Act.

As the defendant is the Do Council member, it has been well aware of the legislative intent and contents of the Public Official Election Act, but spreads large amounts of money to many people, so there is a high possibility of criticism about the act.

Furthermore, in light of the status and role of the chairman of the party members, the defendant's act seems to have influenced the primary election and the election of National Assembly members.

On the other hand, the defendant led to confession of the crime of this case and repented his mistake in depth.

The defendant seems to have had no record of punishment so far so far, and have taken a difficult environment and lived faithfully.

It seems that there is a clear social relationship to prevent recidivism, such as the defendant's family and branch members' desire to take the defendant's wife.

Such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances that form the conditions of sentencing as shown in the records of this case, including the circumstances after the crime.

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