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(영문) 서울고등법원 2017.12.08 2017노2854
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is deemed to be too uneasy and unfair.

2. The instant case is a case in which the Defendant, as a captain of C, is unable to carry out an election campaign and an intra-party competition campaign as one of the candidates for the 19th presidential candidates, posted comments or posts on the NAV on behalf of the G candidates, and conducted the competition campaign and election campaign by using a rate in line with the election campaign-related music along with the election campaign office members of G candidates.

The court below, in light of ① the circumstances unfavorable to the defendant, taking into account the fact that the defendant, in spite of the social responsibility of the defendant to make efforts for fair elections in a neutral position, was conducted on behalf of a specific candidate, and ② favorable circumstances, the defendant puts comments on comments or posts on Internet community operated by a member of the National Assembly belonging to a specific party, and did not directly appeal the elector by taking advantage of his position in this Chapter, and the defendant did not directly appeal the electoral residents, and the contents of writing posted on the Internet community and the degree of the defendant's act appears to have an influence on the competition or election in view of the contents of the defendant's act in light of the degree of the defendant's act committed in the Internet community, and there is no criminal history against the defendant, the court below sentenced the defendant to the punishment against the defendant within

Inasmuch as such determination by the lower court appears to have been made in full view of the aforementioned various circumstances, and there is no change in circumstances that could be evaluated differently from the sentencing conditions of the lower court up to the trial, even if all of the factors indicated in the arguments in the instant case, including the Defendant’s age, sexual conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, the lower court’s punishment against the Defendant is too uneasible and unreasonable.

The prosecutor's argument of sentencing is unfair.

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