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(영문) 대전고등법원 2015.02.06 2014노540

공직선거법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (2 million won of fine) is too unreasonable.

2. Determination of the grounds for appeal of this case is the circumstances favorable to the defendant, such as the fact that the defendant confessions all of the crimes of this case and is against the law, the degree of publication of false facts is weak, and the fact that a correction is made immediately in the case of academic background of a graduate school.

However, since the publication of false facts about candidates may cause electors to make accurate judgments on candidates, it is necessary to strictly prohibit them. Although the Defendant had already stated false information about academic background in the election campaign bulletin of the fifth local election in 2010, the Defendant committed the instant crime even though he had been at issue, the Defendant had already committed the instant crime in the election campaign bulletin of the election commission around May 17, 2014, even though he did not correct it, the Defendant issued the name of a candidate stating “a voice high school” in the educational career column, the record of punishment for the violation of the Public Official Election Act was only one time, and considering all the sentencing conditions indicated in the argument of the instant case, such as the Defendant’s age, background and method of the crime, method and method of the crime, etc., the sentence of the lower court, which belongs to the scope of the sentencing guidelines, is too unreasonable.

3. In conclusion, the defendant'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.