공직선거법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the lower court rendered (the suspended sentence of KRW 2.5 million) is too uneasy and unreasonable.
2. The lower court determined that: (a) considering the following facts: (i) the Defendant was disadvantageous to the Defendant; (b) the Defendant published false information for the purpose of preventing the Defendant from being elected in the presidential election; (c) the Defendant’s liability for the crime of this case was not somewhat weak; (d) the favorable circumstances; (b) the Defendant reflects his fault; (d) the Defendant lives with his mother with class 4 of thralopical disorder; (e) the Defendant has no history of punishment exceeding the fine; and (e) the Defendant appears to have no effect on the election; and (e) taking account of all of the sentencing conditions set forth in the argument of this case, the Defendant was sentenced to punishment by taking into account
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.
However, in the application of the law of the court below, there are clear parts of erroneous office in the Article 25 of the Regulation on Criminal Procedure concerning the "1. Criminal facts" and the "1. Reduction of amount", and correction is made as follows in accordance with Article 25 of the Regulation on Criminal Procedure.
1. Article 250 (2) of the relevant Act concerning facts constituting an offense and Article 250 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;
1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;