공직선거법위반
The appeal is dismissed.
The grounds of appeal are examined.
Examining the facts charged in accordance with the relevant legal principles and evidence duly admitted, the lower court is justifiable to have found the Defendant guilty on the grounds stated in its reasoning.
In doing so, there is no error by misapprehending the meaning of “to affect the election” under Article 93(1) of the Public Official Election Act, by misapprehending the legal doctrine on the establishment of a crime of violating Articles 255(2)5 and 254(2) of the Public Official Election Act, or by omitting judgment, which affected the conclusion of the judgment.
In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing
In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.