logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2014.12.11 2014노567
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

The summary of the defendant's grounds for appeal is that the court below's punishment (1.5 million won of fine) is too unreasonable.

In the instant newspaper, there is no evidence to find out that the Defendant received the price from the above E or F while publishing an advertisement on the opening of the 6th presidential candidate office in the E or F’s preliminary candidate office, which is a preliminary candidate for the election of the 6th G council member, in the instant newspaper, and there is a situation where the Defendant is economically difficult.

However, the crime of this case was committed by posting an advertisement indicating the name of a preliminary candidate in the local newspaper issued by the defendant and distributing it to the government offices, commercial buildings, etc. in the constituency, and it cannot be deemed that the crime of this case is less than that of damaging the fairness of the election.

In addition, even before committing the instant crime, the Defendant is punished for the same kind of crime.

In full view of such circumstances and the quantity and place of distribution of the newspaper distributed at the time of the instant case, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the scope of the recommended sentence according to the sentencing guidelines (a fine of KRW 1 million to KRW 4 million), etc., the lower court’s punishment is determined to be within the appropriate range of sentence corresponding to its liability, and it is not determined that the sentence is excessively unreasonable.

Therefore, the defendant's above assertion cannot be accepted.

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

arrow