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(영문) 서울고등법원 2017.01.20 2016노3606

공직선거법위반

Text

The defendant's appeal is dismissed.

Reasons

The sentencing of the lower court (one million won in penalty) on the summary of the grounds for appeal is too unreasonable.

Judgment

The lower court, in light of the legislative purport of the Public Official Election Act that prohibits the election campaign of this case under unfavorable circumstances, takes into account (i) the fact that the Defendant is against the wrong recognition of all the crimes committed by the Defendant; (ii) the Defendant election campaign by means of posting a poster for publicity of the candidates for the Kakao Group on the election day, immediately after posting a photo of the posters for publicity of the candidates for the Kakao Group, which was demanded by the competent election management committee to take corrective measures; and (iii) the competent election management commission did not take any separate accusation measures against the Defendant; and (iv) the Defendant did not have any record of criminal punishment for the Defendant during the period of punishment; and (iii) the Defendant took into account the fact that there was no record of the punishment of the Defendant, including the method of making recommendations from 03 residents on the election day to 10th anniversary of the election day; and (v) the sentencing guidelines set forth by the Kakao Group on the day of election, which was well known that the Defendant had been subject to aggravated punishment by the former Election Commission.