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(영문) 서울고등법원 2015.04.02 2015노476
공직선거법위반등
Text

The judgment of the court below is reversed.

The defendant is punished by imprisonment with prison labor for five months for the first crime in the holding of the court below, and is punished by the second, third, and fourth crimes in the holding of the court below.

Reasons

1. The summary of the grounds for appeal is that the court below sentenced the defendant to five months of imprisonment with prison labor and two months of imprisonment with prison labor for the crimes No. 2, 3, and 4 of the decision of the court below as to the crimes No. 1 of the court below as to the judgment of the court below, while the defendant asserts that the sentence of the court below is too unreasonable, the prosecutor asserts

2. The crime of this case is a normal situation against the defendant, who is a candidate for the election of public officials and elected, continuously transmitted money to the victim D, e-mail, text, etc. of malicious contents for the waiver of political activities for a long time, thereby threatening the victim D and taking money and valuables at the same time. In addition, the crime of this case is committed against the victim D by openly insulting the victim D by means of threatening the victim D, such as by finding Quase circuit working for the victim D, and by drawing up comments containing false contents on the SNS of the victim M (the nameO before the opening of the name), who is the part of the victim D, and impairing the victim M, and the crime is not proper, and the victims were deemed to have suffered considerable mental pain due to the crime of this case.

However, the court below's punishment seems to be somewhat unreasonable in light of all sentencing conditions specified in the records and arguments of this case, such as the defendant's age, environment, and circumstances before and after the crime, etc., since the defendant committed a crime and reflects the defendant's mistake in depth, the victim D was not punished by the victim D by mutual consent with the victim D, and the defendant's wife and high school 2 and 3 years should support the defendant. The defendant's argument is reasonable, and the prosecutor's argument is without merit.

3. According to the conclusion, the court below's decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows through pleading.

Criminal facts and the summary of evidence of the defendant recognized by this court shall fall under each of the original judgments.

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