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(영문) 서울고등법원 2017.10.25 2017노2137
공직선거법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (a fine of 4 million won, a fine of 1 million won, and a fine of 1 million won) is too unjustifiable.

2. The crime of this case committed by the Defendants in collusion with the 19th presidential election by taking advantage of an official act in a religious or professional agency in relation to the election of the 19th presidential election, and such an act is not only likely to undermine the fairness of election and impede the development of democratic politics, but also to create a risk that may impede the development of democratic politics, and it is not good in that it recommended a specific candidate to support those who have official control.

These circumstances are disadvantageous to the Defendants.

On the other hand, the defendants did not have the power of criminal punishment and are against their wrong recognition, and the defendants' act had any influence on the result of the election.

It is difficult to see that Defendant A is not a good health condition, and Defendant B appears to have participated in the crime according to Defendant A’s instruction, etc. are circumstances that may be considered favorable to the Defendants.

In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the Defendants’ age, sexual conduct, environment, and circumstances after the crime, it does not seem that the lower court’s sentence imposed on the Defendants is too uneasible and unfair.

3. Accordingly, the Prosecutor’s appeal against the Defendants is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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