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(영문) 부산고등법원 2014.05.14 2014노141
공직선거법위반
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the court below (a fine of KRW 5 million is imposed on Defendant A, KRW 500,000 per day in custody, KRW 4 million per day in custody, KRW 500,000 per day in custody, KRW 50,000 per day in custody in custody, and KRW 50,000 per day in custody) is too unreasonable, and the prosecutor is deemed to be too uneasible and unfair.

2. Determination

A. The instant crime against Defendant A was committed by Defendant A, the spouse of the candidate for the Yangsan-si special election, with a total of KRW 2,370,000,00 for election campaign, and in light of the purpose of the Public Official Election Act that strictly regulates the fairness of election and the act of providing money or goods related to election campaign, Defendant A committed the instant crime even though he/she was accused of violating the Public Official Election Act due to the provision of money or goods by Defendant A, Defendant A committed the instant crime, and Defendant A attempted to destroy evidence, such as refusing to attend an investigation agency or demanding the recipient of money or goods to reverse the statement, which appears to have been disadvantageous to Defendant A.

On the other hand, in full view of the following factors: Defendant A’s perception of the crime of this case and his mistake is divided; each crime of this case appears to fall under the case of providing volunteers with money and valuables at the actual cost compensation or exorculation; Defendant A has no record of crime; Defendant A’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc.; and the recommended sentencing guidelines prescribed by the Supreme Court Sentencing Commission, etc., the sentence imposed on Defendant A is appropriate, and it is not recognized that the sentence imposed by the court below is unfair because it is too uneasible or too unreasonable.

B. The crime of this case against Defendant B is paid for the election campaign by Defendant B, who is the election campaign manager of the candidate for the by-election at Yangsan-si.

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