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(영문) 부산고등법원 2013.04.24 2013노78
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) of the lower court’s sentence (700,000 won of a fine) is too unhued and unreasonable.

2. The crime of this case is not that of the crime of this case, since the defendant removed the above banner on the ground that the banner for the advertisement of the presidential candidate puts up a signboard for the lease of the business office at the 18th presidential election, it is against the purport of the Public Official Election Act to contribute to the development of democratic politics by ensuring that the election is carried out fairly in accordance with the free will of the people and democratic procedures and preventing any malpractice related to the election.

However, considering the fact that the defendant repents his mistake, the defendant committed the crime of this case as a matter of contingency, the defendant seems to have no intention to support or interfere with election campaigns in politically, the crime of this case does not have any influence on the result of the election, there is no special criminal punishment against the defendant, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., it cannot be deemed that the sentence of the court below is too unjustifiable, and thus, the prosecutor's above assertion is without merit.

3. Therefore, 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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