공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal: The sentence of the lower court (the fine of KRW 500,000, etc.) is too unhued and 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
In light of the contents of the specific case, the sentence of the court below, which returned to the instant case, is too unjustifiable.
1. The crime of this case is punishable strictly in that the defendant takes three days in advance of the election of the 21st National Assembly member and demands the said candidate C to explain sexual assault suspicions against the above candidate C at middle school, and there is a concern that the fairness of the election of the National Assembly member may be damaged.
The content of the defendant's request for explanation in the above diskettes is about sexual crimes, which are a crime of marry, which can affect the result of the election of the National Assembly member, as well as about such suspicions, which may cause serious prejudice to the reputation of the above candidate, regardless of whether he/she is justified or not.
In addition, the above candidate raised suspicions that he was expelled from sexual assault at middle school, through the media.