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(영문) 대전고등법원 2014.12.05 2014노451

공직선거법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of KRW 800,000) is too unfilled and unreasonable.

2. The crime of this case in determining the grounds for appeal is an election campaign prohibited by law as a journalist in a position that the defendant may have an influence on the election, and the case is more important.

However, the defendant has been actively engaged in a citizen movement, such as continuing to express opinions about the substantialization and activation of local autonomy system, with interest in the military administration and military activities before joining B before joining B. The crime of this case seems to have been committed by the defendant as part of the citizen movement previously committed by the defendant. Since the defendant permitted the support and lake of the candidate through SNS to the general public, the above activity is deemed to have been mistaken for him as permitted by the journalist. In light of the fact that the letter dispatch counterpart of the crime described in paragraph (2) of the judgment of the court below includes the child of the defendant, the defendant appears to have dispatched such text message to the ordinary people who were in friendship, and there is no other history that the defendant had been sentenced to a punishment heavier than the previous sentence of the fine, and the sentencing guidelines are not deemed to be unfair within the scope of the sentencing guidelines (the sentencing guidelines of the court below is too unfair within 7 million won or less).

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.