공직선거법위반
The prosecutor's appeal is dismissed.
Summary of Grounds for Appeal
The sentence (the fine of three million won, the suspended sentence) imposed on the defendant by the court below is too unfluent.
Judgment
It cannot be said that assaulting a candidate for the 18th presidential election, which the Defendant intended to be a candidate, may interfere with the election that should be progress in a free and orderly manner, and that the punishment for such crime is light.
However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the Defendant committed the instant crime by drinking alcohol; (c) the Defendant committed the instant crime by contingency; (d) the degree of assault is relatively minor; (c) the Defendant’s mental health condition is not good for the aged; and (d) the Defendant’s primary offender is the primary offender; and (e) the Defendant’s age, family relation, criminal records, character and conduct, occupation, environment, motive and circumstance of the instant crime; and (e) all sentencing conditions, including the Defendant’s age, family relation, character and behavior, occupation, environment, means and method of the crime; and (e) the circumstances after the crime, etc., the Prosecutor
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.