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(영문) 광주고등법원 (전주) 2018.11.20 2018노149
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 800,000) is too unhued and unreasonable.

2. The crime of this case was committed by the Defendant, who appealed to the voters prior to the election campaign period, and distributed a name indicating the candidate’s name in violation of the method of election campaign under the Public Official Election Act, and such act is disadvantageous to the Defendant, in that it undermines the legislative purport of the Public Official Election Act that strictly regulates the period and method of election campaign in order to ensure the fairness of election, and there is a risk of undermining the fairness of election by affecting the people’s right decision-making or decision-making on candidates, and the number of the Defendant’s prior election campaign and the distribution of name cards is not considerable.

However, there is a serious damage to the legislative purport of the Public Official Election Act, because the defendant committed the crime of this case at the time when the crime of this case was not at the time of election, and the defendant violated the timing and method of election campaign as provided by the Public Official Election Act, but such an act is not likely to have a significant influence on the election.

In full view of the following facts: (a) it is difficult to see that the sentence of the lower court is too unaffortable and unfair, taking into account the circumstances favorable to the Defendant, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all other sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime.

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

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