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(영문) 서울고등법원 (춘천) 2014.10.22 2014노152

공직선거법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence (a fine of KRW 500,000) is too unreasonable.

B. The sentence imposed by the Prosecutor is too unhued and unreasonable.

2. Although ordering the name of the defendant prepared and distributed by the judgment is considerably hot to 7,600 parts, it cannot be deemed that the court below’s punishment is too heavy or unreasonable to the extent that the defendant cannot escape from destruction because it is too heavy, considering the following factors: (a) there is no criminal history of the same kind; (b) as the defendant left away from the lane, the effect of the election is insignificant; and (c) other factors of sentencing as indicated in the records, such as age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (d) the means and consequence of the crime.

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.