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(영문) 광주고등법원 2015.05.28 2015노34
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 main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. An act of offering money or goods in relation to an election campaign for which judgment is made requires strict punishment as it seriously damages the fairness of election and interferes with the rational choice of voters.

However, among the instant cases, the Defendant’s crime of having provided the Defendant’s one books of one books of one books of one books of one books of one books of one books of one books of one books of one books of one books of one books of one’s own, and that there is little possibility for the Defendant to purchase the said books of one’s own from the standpoint of the person who received it. As to KRW 200,00,000, the Defendant provided to K, the Defendant stated that the Defendant returned the said money to the Defendant’s election office on the following ground that: (a) the Defendant visited K; (b) the Defendant was issued a “W” as a local newspaper at the time; and (c) the Defendant was raising funds for the repair of other books of one’s own books of one books of one books of one books of one books of one books of one’s own books of one books of one’s own books of one’s own books of another; and (d) it is inappropriate for K to

In light of the above, considering the fact that the above money has a strong nature as a support payment for the issuance of local newspapers, and that it seems that the relationship with the election campaign is very weak, the defendant's favorable circumstances such as the first offender and a long-term difficulty in the development of the community through various donation practices, and other factors such as the defendant's age, character and conduct, environment, circumstances of each of the crimes of this case, circumstances after the crime, etc., it is determined that the sentence of the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

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