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(영문) 광주고등법원 2017.01.19 2016노487
공직선거법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

Defendant

The lower court, based on the circumstances stated in its reasoning, found that the Defendant and B had at least implied conspiracy relation with the preparation and distribution of the Kakakao Stockholm message as indicated in paragraph (1) of the facts constituting the crime indicated in the lower judgment, and rejected the Defendant’s assertion disputing this, and convicted the Defendant of this part of the facts charged.

If the evidence duly admitted and examined by the court below is closely compared to the circumstances admitted by the court below, the judgment of the court below is deemed correct.

There is no error of misunderstanding of facts as alleged by the defendant.

Defendant

We do not accept the argument.

2. There is no change in the sentencing conditions compared to the lower court’s judgment on the unfair argument of sentencing against Defendant A by the Defendants and the Prosecutor, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it should be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the sentencing conditions compared to the lower court’s judgment on the grounds that the new sentencing data was not submitted by this court.

In addition, in full view of the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below on the Defendants is too heavy or it does not deviate from the reasonable scope of discretion.

The Defendants and the prosecutor’s arguments disputing that the sentence of the court below is unreasonable are all rejected.

3. Conclusion, the appeal by the Defendants and the prosecutor is dismissed on the grounds that the appeal is without merit.

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