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(영문) 광주고등법원 2017.10.26 2017노385
공직선거법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the judgment of the court below on the unfair argument of sentencing, and the sentencing of the court below is not beyond the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendants recognize and oppose their mistake.

The degree of violation of the Act on the Election of Public Officials is relatively minor, and there is no criminal conviction exceeding the suspended sentence against Defendant B, and the remaining Defendants are not subject to criminal punishment.

In full view of the circumstances alleged by the prosecutor as grounds for appeal, the lower court’s punishment against the Defendants cannot be deemed as excessively unhutiled so far as it goes beyond the reasonable scope of discretion, even in light of the circumstances asserted by the prosecutor as grounds for appeal.

The prosecutor’s assertion disputing the propriety of sentencing of the court below is not accepted.

2. The appeal by the conclusion prosecutor is dismissed for all reasons.

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