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(영문) 대구고등법원 2020.09.17 2020노276
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one million won of a fine) declared by the lower court is too unhued and unreasonable.

2. The instant crime was committed by the Defendant, by posting comments on the Round in order to influence the results of the public opinion poll for the intra-party competition, and by inducing and inducing the Defendant to respond to the age group in the public opinion poll.

Public opinion poll for the intraparty competition is very important to ensure objectivity and reliability of the procedure or method. The defendant's crime is not a crime that distorts the results of public opinion poll and damages fair election order.

However, the defendant recognized the crime of this case and divided it into depth.

There was no record of criminal punishment against the defendant, and the crime of this case was limited to posting comments once.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., the sentence sentenced by the lower court cannot be deemed to be unfair because it is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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