beta
Text
The judgment below
Of the defendants B, the part of the defendant is reversed.
Defendant
B shall be punished by a fine of 2,000,000 won.
Defendant
B above.
Reasons
The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendants (the defendant A shall be sentenced to one year of imprisonment with prison labor; the defendant B shall be sentenced to one year of suspended sentence; and the defendant B shall be sentenced to one year of suspended sentence with prison labor) is too unreasonable.
Judgment
Defendant
A The instant crime was committed on April 13, 2016 by Defendant A, in addition to the statutory allowances, paid KRW 3,960,000 to Defendant A as a candidate for the F Party G constituency in the 20th National Assembly election for the 20th National Assembly member, and paid KRW 6,250,000 to the election campaignmen in addition to the statutory allowances.
In light of the legislative intent of the Public Official Election Act to ensure that the election is held fairly in accordance with the free will of the people and democratic procedures, and to prevent the excessive and mixed election according to the presidential election, there is a strict need to punish Defendant A with respect to the inducement of purchase and understanding; Defendant A had been sentenced to a fine in 2012 as a violation of the Public Official Election Act, but again committed the instant crime; Defendant A had been aware of the circumstances that the payment of money, such as the instant facts charged, is in violation of the Public Official Election Act, with the experience of participating in several times in the election of National Assembly members, is considered to have been detrimental to Defendant A.
However, there is no history of criminal punishment except for fines on two occasions, and the payment of money to Defendant A for telephone promotion telephones provides money and goods at a compensatory level for the election campaign, and the payment of money and goods to K was inevitable in response to the demand of the election campaign team members, i.e., the payment of additional allowances in addition to the statutory allowances after the election is completed, and since Defendant A was killed in the election, the crime of this case seems to have no particular influence on the result of the election.
In addition, the defendant's age, sex, living environment, and means of crime.