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(영문) 대전고등법원 2014.12.05 2014노439
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of KRW 500,000) is too unfilled and unreasonable.

2. The instant crime of determining the grounds for appeal pertains to the Defendant’s damage to the elector’s right to know, the fairness of the election, and the utility of the election management, as a result of damaging the elector’s poster without good cause.

However, in full view of the fact that the instant crime was committed by the Defendant under the influence of alcohol, it appears that there was no political intent or objective to influence the Defendant’s election, and that the Defendant is deeply divided and reflected in his mistake, and all other circumstances constituting the conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentencing of the lower court is too unreasonable.

3. In conclusion, the prosecutor'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.

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