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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (1.5 million won) is too unreasonable.
B. The sentence imposed by the Prosecutor is too unhued and unreasonable.
2. The circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects his mistake, that the defendant committed the crime once, that the defendant was punished by a fine for bodily injury before about 20 years, and that there was no record of punishment, including the same criminal records.
However, in light of the legislative intent of the Public Official Election Act to guarantee the free and democratic expression of opinion and the fairness of election in the election, the crime of this case requires a strict punishment against the defendant in light of the circumstances unfavorable to the defendant, such as the fact that the defendant conducts an election campaign for many unspecified persons, such as a large number of company employees, etc. using broadcasting facilities in the company during the election period, and the nature of the crime is bad in light of the means and methods of the crime; the defendant's speech through the crime of this case was intended to have elected the candidate supported by the defendant; and the candidate opposing the defendant was not likely to cause damage to the fairness of election; and the defendant was likely to have been subject to punishment by taking into comprehensive account all the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances unfavorable to the defendant, and the age, sex, environment, motive and circumstance of the crime, means and method of the crime; and the circumstances after the crime was committed, it is too heavy to have the sentence imposed by the court below or it was exempted from discretionary power.
It does not appear.
Therefore, the defendant and prosecutor's argument are without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.