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(영문) 서울고등법원 2020.12.24 2020노1851
공직선거법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the form of punishment) that the lower court sentenced to the Defendant (a fine of KRW 2.5 million for a violation of the Public Official Election Act, and a fine of KRW 1.5 million for an injury) is too uneasible and unreasonable.

2. The judgment of the defendant found that the election campaign workers of the candidate who was going out of the election of the 21st National Assembly member of the National Assembly are making an election campaign in front of the apartment, and taken 1 ket 1 ket, which is a knicket, which was an election campaign worker, from among the election campaign workers, he did not take the knick, and instead took the knick knick part of the victim, who was a volunteer taking the knick of the defendant's knick and did the knick knick part for about 10 minutes.

The Public Official Election Act provides that public officials shall severely punish any crimes of the same kind, which interfere with the freedom of election so that a fair election may be held in accordance with the free will of the people and democratic procedures, compared to those of the same kind. The defendant, without any reason, has prevented his freedom of election in a way that the goods used for election campaign of a candidate for the National Assembly member or election campaign worker who is making an election campaign in the situation where the 21st National Assembly member election was held in an imminent situation, are forced to take away goods used for election campaign, and assaults the victim, and

In particular, the Defendant had considerable threat in the course of taking away goods for election campaign, which were suffering from any item of the election campaign workers, and used directly tangible force on the part of the victim, who is a volunteer, for a short time of about ten minutes, so it is inevitable to punish the Defendant with severe punishment corresponding to such behavior.

The Defendant did not take any measures for the recovery of damage to the victims, and did not reach an express agreement with the victims.

This is disadvantageous to the defendant.

(b).

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