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(영문) 대전고등법원 2013.07.03 2013노230

공직선거법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won of a fine) is too unhued and unreasonable.

2. The crime of this case committed by the Defendant is likely to undermine the fairness of election by hindering fair and reasonable judgment on candidates due to strong propagation of Internet media and disclosure to the public. It is also true that there is a need to strictly punish the Defendant considering the fact that the number of slander comments posted by the Defendant is not significant. Therefore, the Prosecutor’s ground of appeal pointing this out is acceptable.

However, in full view of the following circumstances: (a) the Defendant is deeply against the instant crime; (b) there is no previous penalty force prior to the instant case; and (c) the Defendant’s age, character and conduct, occupation, living environment, developments leading to the instant crime; (b) the method of committing the instant crime; and (c) the circumstances constituting the conditions for sentencing as shown in the records and pleadings, such as the circumstances after the instant crime, etc., the lower court’s punishment is too

Therefore, prosecutor's argument cannot be accepted.

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