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(영문) 대구고등법원 2014.11.13 2014노508
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. There are circumstances such as: (a) the Defendant recognized his mistake and reflects his depth; (b) the number of households of the Defendant visited or distributed to the Defendant; and (c) the Defendant’s statement intended for voters in the process of door-to-door visit, etc., that the instant crime does not have a significant impact on the election.

However, in the past, even though the defendant was punished twice as a violation of the Public Official Election Act, the crime of this case is committed in the past, and the crime of this case is likely to seriously undermine the fairness of the election, as well as to infringe the peace of the elector's life, etc., the defendant's liability cannot be deemed to be less than the defendant's crime.

Considering such various circumstances as well as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, all the circumstances constituting the conditions for sentencing, including the circumstances after the instant crime, and the scope of the recommended sentence according to the sentencing guidelines (a fine of one million to six million won), etc., the lower court determined to be subject to appropriate punishment corresponding to its liability.

Therefore, the defendant's assertion that the sentence of the court below is too unreasonable cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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