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(영문) 서울고등법원 2019.06.21 2019노331
공직선거법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (2 million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The defendant needs to be taken into account for the following reasons.

1) The Defendant has been promoting policies for the development of B Si after winning the B market. 2) The head of Si/Gun/Gu in other regions, the head of the Seoul Metropolitan Government, the members of the Gyeonggi-do Council, and the members of the National Assembly, including many B citizens and B City public officials, want to be able to take the measures against the Defendant.

3) The Defendant has no record of being punished for the same crime. B. However, there are also circumstances in which the Defendant should be punished strictly as seen below. 1) According to the evidence duly adopted and investigated by the lower court, the following facts can be acknowledged:

First of all, the actual status of the defendant's property as of December 31, 2017 is as follows:

The following facts are as follows: (a) the defendant's wrong property status as stated in the report on property submitted by the defendant at the time of the case: the lineal descendants of the spouse of the former candidate -42,916 1,506,769 96,293-2, 573, 2257,247:

The details of omission of the Defendant’s property at the time of filing a report on the instant candidate’s property, as follows, at the time of property status (one thousand won) by lineal descendants and lineal descendants of the spouse of the former candidate, 3,789,550, 020, 5291, 328, 092, 094, 845,

The type and number value of the small property omitted from the owner’s active property (the original type and number value) Defendant 1’s land 219,780,000 Defendant 5 case, 733,540,000 Defendant 1 case, 563,000 Defendant 3 case, 362,352,000 case’s case of 11,681,000 case’s case of 11,681,00 case’s case of 11,681,00 case’s case of 11,90,000 case’s case of 68,598,000 lineal descendants’ case of 68,598,000 case’s case of 10,000 case’s case of 3102) omitted. In particular, the Defendant died on November 18, 2018.

(c).

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