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(영문) 부산고등법원 2019.01.16 2018노687
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. Determination

A. The sentencing guidelines established by the Sentencing Commission on the basis of Articles 81-2 and 81-6 of the Court Organization Act (hereinafter “Sentencing guidelines”) are “reasonable, concrete, objective setting” through “procedures prescribed by the Act” and “public disclosure” in order to realize “fair, objective sentencing that citizens may trust” and the judges shall respect the sentencing guidelines when they choose the type of punishment and determine the sentence.

(See Articles 81-2 through 81-12 of the Court Organization Act). In a case where the reasons for sentencing are to be entered in the written judgment as a result of a judgment deviating from the sentencing criteria, the court shall enter the reasons in a way that indicates the reasons for the sentencing in question in a reasonable and persuasive manner, taking into account the significance, effect, etc.

(see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010). B.

The scope of recommendations according to the sentencing guidelines and the appropriateness of such guidelines shall be at least 300,000 won, and there is no circumstance to deem the scope of such recommendations in this case to be improper.

C. In full view of the circumstances of the lower court’s judgment and its propriety, and of the fact that there are no apparent changes in the sentencing conditions as shown in the pleadings until the appellate court held, it is difficult to deem that the sentence imposed on the Defendant is too heavy within the scope of the recommended sentencing guidelines.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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