beta
(영문) 광주고등법원 2017.12.14 2017노456

공직선거법위반

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. In a case where there is no change in the conditions of sentencing, compared to the lower court’s determination on the prosecutor’s unfair assertion of sentencing, and the sentencing of the lower court is not beyond the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new sentencing data, and there is no particular change in the conditions of sentencing compared with the lower court.

In addition, in full view of the circumstances that are disadvantageous to the Defendants, including the fact that the Defendants’ criminal acts are likely to undermine the fairness and transparency of competition within the political party of the 19th presidential election, and adversely affect the free decision-making of electors, and that the responsibility for such crime is heavy, and that the value of transportation convenience offered by the Defendants is not relatively large, and that the Defendants did not have the same criminal record, the sentence imposed by the lower court was completely unfilled and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

2. The appeal by the prosecutor of the conclusion is all dismissed on the ground that the appeal by the prosecutor is without merit (Provided, That the "Article 260 (1)" that will be the second half of the judgment of the court below is added to an error, and thus, the appeal by the prosecutor is deleted in accordance with Article 25 (1) of the