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(영문) 광주고등법원 (전주) 2014.09.02 2014노150
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - The sentence of an unreasonable sentencing (a fine of KRW 700,00) by the lower court is too unhued and unreasonable.

2. The Public Official Election Act strictly limits the methods, period, etc. of election campaigns for the purpose of contributing to the development of democratic politics by ensuring that elections are held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to elections, and stipulates that the public official election act shall be punished for violations thereof.

However, each of the crimes of this case is not appropriate in light of the amount of each of the crimes of this case's face pictures, cell phone numbers, names, and career prior to the election campaign period, by distributing the name cards in which the defendant write his face pictures, cellular phone numbers, names, and career prior to the election campaign period, and at the same time, the method of election campaign under the Public Official Election Act is violated.

In addition, the defendant's crime that damages the atmosphere of a fair election by hindering an election that should be carried out freely and fairly by making a prior election campaign in a lawful way is not easy to commit such crime.

Considering these circumstances, it is necessary to punish the defendant with severe punishment corresponding to his/her responsibility.

However, on the other hand, the defendant made a confession of each of the crimes in this case, and is in profoundly against his mistake.

In particular, the Defendant does not seem to have committed each of the crimes of this case in a systematic manner by preparing planned preparations in advance, and the Defendant’s act of distributing name cards, etc. from the Jinan election commission immediately after receiving a warning that such act is a violation of the Public Official Election Act and then suspended such act and take into account the circumstances and methods of the crime.

The defendant's election of the 6th City/Do local election of the 5th City/Do local government election, which led to the defeat in the constituency, and each of the crimes of this case did not have any particular influence on the election.

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