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(영문) 대전고등법원 2017.03.20 2016노470
공직선거법위반등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

The main point of the grounds for appeal is that the sentencing of the lower court (3 million won) is unfair because it is too unfeasible and unfair (public prosecutor). On the contrary, the above sentencing is too unreasonable (defendants). In contrast to the first instance court’s judgment, there is no change in the conditions of sentencing compared to the judgment, and in the event the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court did not go through the person in charge of accounting and the deposit account on which the Defendant reported in connection with the election of a National Assembly member, but rather, through the cash and food of KRW 561,500,000,000 in total as expenses for the election campaign, and the legislative purport of the Election Act that strictly prohibits the act of offering money and goods related to the election campaign and the purpose of securing transparency of political funds in relation to the election campaign, and that the Defendant’s act is less unfavorable to the legislative intent of offering political funds in relation to the above.

In light of the fact that it is difficult to see that the Defendant committed the instant crime, recognized the Defendant’s mistake, against the Defendant, took into account the favorable circumstances, such as having no criminal record for the same offense, and having no record of punishment exceeding the fine, and other factors of sentencing prescribed in Article 51 of the Criminal Act, the Defendant imposed a fine of KRW 3 million on the Defendant.

Article 51 of the Criminal Act, which appears in the records and changes of the instant case.

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