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(영문) 서울고등법원 2016.12.08 2016노3313

공직선거법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment (fine 5 million won) sentenced by the court below is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

The reasoning of the judgment of the court below is that it is difficult to see that the defendant's act has a significant impact on the election due to the records and arguments of this case, and the sentencing conditions of Article 51 of the Criminal Act and the sentencing guidelines of the Sentencing Committee of the Supreme Court, and it is found that the sentence imposed by the court below is too heavy or unreasonable. Thus, each of the arguments of the defendant and the prosecutor are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.