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(영문) 서울고등법원 2017.11.16 2017노2976

공직선거법위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced the Defendants (the suspension of sentence of a fine of KRW 500,000,000,000 and the suspension of sentence of a fine of KRW 300,00,000) is unreasonable.

Judgment

In light of the circumstances described in the judgment of the court below in the column of “determination of sentence”, the degree of violation of the method of election campaign under the Act on the Election of Public Officials, in particular, is minor, and the Defendants have committed the instant crime, and the Defendants have expressed an attitude contrary to the recognition thereof, and in light of all the conditions of the pleadings and the sentencing indicated in the records, including the Defendants’ age and character environment, motive and means of crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the court below is too unreasonable.

The prosecutor's assertion is without merit.

Therefore, the appeal by the prosecutor against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.