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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 800,000.
The above fine shall not be paid by the defendant.
Reasons
1. In light of the following: (a) the Defendant recognized the instant crime and reflected the Defendant; and (b) there are circumstances that may be taken into account the circumstances leading up to the instant crime, the lower court’s sentence (1.5 million won) is too unreasonable.
2. The crime of this case was committed by the defendant, who is the second president who is unable to carry out an election campaign, with the view to the candidate E for the 19th presidential election D party candidate, by leading the election campaign team members to move to a taxable place, and by showing a scambling demonstration to the election campaign team members.
The defendant committed the crime of this case with knowledge that he is unable to carry out an election campaign, and the crime of violation of the Public Official Election Act is detrimental to the fairness of election, and thus strict punishment is required, it constitutes an unfavorable condition to the defendant.
However, the crime of this case is minor in violation of the method of election campaign, the crime of this case is deemed not to have a significant impact on the election, the defendant left the post of the head of the post after this case, there is no history of criminal punishment, the defendant reflects the crime of this case while recognizing the crime of this case, and the court below actively carried out election campaign, such as appointment of the defendant as the head of the H Committee's head of the tax office during
In light of the fact that the defendant was not appointed as the head of the tax office according to the confirmation document prepared by the chairman of the 19th presidential election commission committee for the 19th presidential election, which was submitted to this court, and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., the sentence of the court below that sentenced the defendant to a fine of 1.5 million won, which is a punishment that restricts the right to vote and the right to vote for five years, is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is without merit, and the following is remanded after pleading.