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(영문) 대구고등법원 2012.12.27 2012노680
공직선거법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence of the lower court (each fine of KRW 1.5 million, additional collection of KRW 4.20,000) against the Defendants is too unreasonable.

2. The Defendants are the first offender without any previous conviction.

In the past, the Defendants were led to a confession of all crimes.

The defendants are taking into account the circumstances of the crime of receiving money and valuables calculated on a daily basis at the time of election campaign of candidates for the election of National Assembly members and at the time of compensation for actual expenses.

Such circumstances are favorable to the Defendants.

However, each of the crimes of this case committed by the Defendants is not a person registered as an election campaign worker who is entitled to receive allowances, etc. under the Public Official Election Act, and it is not good to commit the crime in light of the motive and circumstance of the crime, and the fact that the money and valuables received by the Defendants are not less than 420,000 won.

In order to realize democracy through fair elections, the defendants should be punished strictly as long as it is necessary to strictly limit the number of money, valuables, etc. related to election campaigns in order to prevent the overheated of election campaigns and guarantee the transparency of election process.

The Defendants tried to conceal the crime in the investigative agency by attempting to commit the crime.

These circumstances are disadvantageous to the Defendants.

In full view of such circumstances and various circumstances as the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, it is not recognized that the lower court’s respective punishment against the Defendants is too unreasonable.

3. The Defendants’ appeal is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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