공직선거법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below rendered is unreasonable because the punishment (500,000 won in penalty) that the court below declared is too unhued.
2. The lower court determined that the Defendant, under the circumstances unfavorable to the Defendant, destroyed the elector’s right to know, the fairness of election, and the efficiency of election management by destroying the elector’s election banner under the Public Official Election Act without justifiable grounds; ② favorable circumstances; ② the Defendant has no record of criminal punishment; the Defendant recognized and reflects the crime; and the Defendant appears to have committed the instant crime in contingency under the influence of alcohol; and the Defendant appears to have committed the instant crime with a political intent to influence the election; or did not have an intention to interfere with the election campaign of a specific candidate; and, taking account of all the sentencing conditions specified in the argument of the instant case, determined the Defendant by comprehensively taking into account all of
The sentencing of the lower court appears to have been conducted within the reasonable scope by fully taking into account the aforementioned various circumstances, and the circumstances alleged by the Prosecutor on the grounds of unfair sentencing have already been sufficiently considered in the process of determining the sentence as above, and there is no other special change in circumstances that could change the sentencing of the lower court.
Therefore, the sentence of the court below is too unfluent and it does not seem unfair.
The prosecutor's above assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.