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(영문) 대구고등법원 2016.11.24 2016노531
공직선거법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal is not only serious to commit a crime through the systematic and planned provision of money and valuables, but in particular, despite the criminal records of the same kind of crime against Defendant A, the sentence imposed by the court below on the Defendants (Defendant A: 8 months of imprisonment, 2 years of suspended execution, and 2 million won of fine) is too uneasible.

2. The purpose of the Public Official Election Act is to contribute 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. In particular, the public Official Election Act strictly regulates the acceptance or provision of money and valuables related to election campaigns in order to prevent any confusion, over-election, and to ensure that elections are carried out fairly and transparently through free and democratic procedures.

The crime of this case is that the defendants provided 600,000 won food to the electorates and made a supporting statement to the National Assembly members supported by them, followed by moving to the office of a National Assembly member and making a supporting statement, making a contribution and making a prior election campaign, and the crime is not less exceptionally.

Defendant

A had a record of being sentenced to a fine for the same crime in around 1999, and Defendant B was sentenced to a suspended sentence for embezzlement in around 2014 and became final and conclusive in around 2015, but was not aware of the suspended sentence.

On the other hand, the Defendants are attempting to commit a crime and are against the mistake.

The value of food provided by the defendants at per elector's price is not so significant.

Defendant

A has no previous conviction exceeding a fine, and Defendant B has no previous conviction.

In addition to these circumstances, the defendants' age, character and conduct, environment, motive, means and consequence of the crime, as well as all the conditions of sentencing as shown in the records of this case, including the circumstances after the crime.

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