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(영문) 광주고등법원 (제주) 2014.11.05 2014노105
공직선거법위반
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the defendants' grounds for appeal is that the punishment of fines of KRW 2,00,000 sentenced to the defendant A and fines of KRW 1,50,000 sentenced to the defendant E is too unreasonable.

On the other hand, the defendants confession their crimes and repent their errors. The defendant A only has the power of fines without being punished for the same kind of crime and there is no record of criminal punishment for the defendant E, and the defendant A registered as the preliminary candidate for the Do Council Council at the 6th nationwide election of Dong-si Local Government, but later excluded from the party competition of the AD Party and thereby did not affect the election.

However, the instant crime committed on June 4, 2014, which had been implemented on June 6, 2014, registered as a preliminary candidate for AD Party Do council members in the V district of the 6th nationwide provincial election, and was spreaded by Defendant E, a female student, through Defendant E, instead of sending promotional materials with approximately KRW 800 in which his pledge, etc. is entered at the time of leaving 2-3 days before the election, not by mail as stipulated by the National Election Commission Regulations, but by placing them on the mail box or entrance of the apartment located in the constituency, or by placing them in front of the entrance.

In light of the fact that this may interfere with the establishment of clean and fair election culture, such as impairing the fairness of the election, hindering the rational judgment of voters, impairing the fair competition among candidates, and promoting the overheated of the election, the Defendants’ liability for violation of the Public Official Election Act cannot be deemed to be negligible.

Defendant

E is the act attributable to pure intent that the crime of this case was committed by Defendant A, his own omission, and the act was caused by not well-knownness of the Public Official Election Act. However, the promotional materials of Defendant A, hearing the speech that promotional materials were printed from Defendant A, and prior to the intra-party competition.

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