공직선거법위반
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (e.g., a fine of 50,000 won) sentenced by the court below is too unfluent.
Judgment
Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate range.
However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.
(2) The lower court held that: (a) the Defendant’s act of damaging campaign posters was a crime that does not constitute a crime that is less complicated by undermining the elector’s right to know, the fairness of election, and the efficiency of election management; (b) the Defendant committed a crime that commits an act that commits an act that commits an act that commits an act that is unfair in favor of the Defendant; (c) the Defendant did not have any record of committing a violation of the Public Official Election Act prior to the instant case; (d) the Defendant had no record of committing a crime that commits an act that commits an act that commits an act that violates the Public Official Election Act while living in an elderly mother and permanent rental house with a disability of class 5, and is economically difficult due to lack of any property or income; and (e) the Defendant’s age, environment, family relationship, and circumstances after the commission of the crime, etc. are considered as follows.