A. The summary of the judgment of the court below is that the spouse of the elector candidate is an elector in applying the crime of violating the Public Official Election Act due to assault and threat, such as the elector, etc., as to the election, on the street in the constituency during the election campaign period for the 21st National Assembly member, and on the grounds that the spouse and the election campaign worker, etc., who were engaged in the election campaign, desire, threaten, or threaten three

In addition, it interfered with freedom of election by unlawful means at the same time with intimidation and assault (violation of the Public Official Election Act due to assault and threat, such as electors).

(Violation of the Public Official Election Act due to Interference with Freedom of Election by Unlawful Means) was prosecuted as the facts charged, and the lower court found the Defendant guilty of all the facts charged and sentenced the Defendant to eight months of imprisonment.

B. The summary of the grounds for appeal (defendants) by the court below is too unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

Judgment

1. A defendant who has favorable circumstances shall be an investigative agency.