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(영문) 대전고등법원 2014.12.05 2014노420
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (one hundred months of imprisonment and two years of suspended execution) is too unhued and unreasonable.

2. The act of contribution related to the election to judge the grounds for appeal is strictly prohibited because it is likely to undermine the fairness and transparency of the election and to interfere with the rational choice of the voters.

피고인은 각기 다른 후보자를 위하여 여러 명의 유권자들을 불러 모아 후보자의 지지를 호소하며 음식물을 제공하고 돈을 건넸으며, 한 사람당 건넨 돈의 액수도 적지 않아 죄질이 매우 불량하다.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime from the lower court to be committed; (b) the Defendant has no criminal record of the same kind; (c) the Defendant’s act of the Defendant might not affect the election by falling away from the competition; and (d) the Defendant’s act would have an opportunity to reflect by being detained for the two months; and (c) the Defendant’s age, character and conduct, intelligence and environment; (d) motive, means and consequence of the commission of the crime; and (e) all other circumstances constituting the conditions of the sentencing, such as the circumstances after the commission of the crime, etc., the sentencing of the lower court is too unreasonable

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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