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(영문) 부산고등법원 (창원) 2014.12.03 2014노302
공직선거법위반등
Text

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

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (the fines of KRW 700,00,000,000,000,000,000,000,000,000,000,000,00

2. The Defendant A, B, and D committed the instant crime, focusing on M, is pro-friendly women, and Defendant C is neighboring residents. On June 4, 2014, the Defendants were the 6th nationwide local election of Dong-si, which was implemented on June 4, 2014, for the purpose of voting to M and leading in election, the Defendants completed a false resident registration report at the address in the instant constituency where the Defendant or his/her children do not actually reside. The act of manipulating the electoral registry by means of such disguised transfer is an act that fundamentally undermines the fairness of the election, and the liability for such crime is not weak, and the risk of collective disguised transfer by 7 persons, including Defendant D, is recognized, or objective and neutral sentencing factors are acknowledged.

However, all the defendants are committing a crime against their mistake in depth, and M is likely to have an effect on the election as a result (when the investigation of this case was commenced prior to the election day, those who were disguiseds did not participate in the voting), Defendant A, B, and D are primary offenders, and Defendant C was sentenced to a fine of KRW 300,000 due to the violation of the Election of Public Officials and the Prevention of Unlawful Election Act in 2000, but there was no other criminal records, and there is also a favorable sentencing factor or objective and neutral sentencing factor, such as that there was no other criminal records.

In full view of the aforementioned factors of sentencing and sentencing criteria, the Defendants’ age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, each sentence that the lower court sentenced to the Defendants should be reversed.

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