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(영문) 부산고등법원 (창원) 2015.10.28 2015노286
공직선거법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 80,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (2 million won of a fine, 3.3 million won of a surcharge, etc.) is too unreasonable.

2. The crime of this case is an act that causes damage to the fairness of election, which is the foundation of democracy, since registered election campaign workers received money and valuables other than allowances under the Public Official Election Act, and the defendant's refusal to attend the Republic of Korea after leaving the Republic of Korea in the course of investigation, resulting in delay in investigation and trial, etc.

(C) In light of the aforementioned legal principles and evidence duly adopted and examined by the original court, the Defendant’s intent to commit an act in violation of the Public Official Election Act is also recognized. However, the following are favorable circumstances: (a) the Defendant recognized a crime and seriously reflects the Defendant; (b) the amount of money and valuables provided by the Defendant is not large; and (c) the Defendant appears to have committed the instant crime to provide school expenses as college students; and (d) the Defendant has no record of criminal punishment except for one previous offense.

In light of the above circumstances, considering the various sentencing conditions as shown in the argument of the instant case, including the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, etc., and the sentencing of the relevant case (the Changwon District Court Jinju Branch Branch 2014Kahap155), it is deemed that the sentence imposed by the lower court against the Defendant is too unreasonable (the first instance court determined that there is no ground to choose the suspension of sentence against the Defendant in the instant case by comparing the above cases for which various sentencing factors and suspended sentence as shown in the investigation records and the trial records of this case are sentenced, but the above unfair sentencing is deemed to exist in determining the amount of fine). Accordingly,

3. Accordingly, the court below's decision on the ground that there is a ground for reversal of unfair sentencing.

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