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(영문) 대법원 2018.04.10 2016도21388
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by Defendant A, an appeal may be filed on the ground that the judgment of the court below affected the conclusion of the judgment, or that there is a substantial reason to recognize that the sentencing was extremely unfair, only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced.

Therefore, in this case where a fine is imposed on Defendant A, the argument that the lower court simply contests the recognition of facts or that the punishment is too unreasonable without any specific assertion on the grounds of violation of law, etc. of the lower judgment is not a legitimate ground for appeal.

2. The allegation that the lower court failed to exhaust all necessary deliberations on the basic facts of sentencing or erred beyond the reasonable limit of sentencing discretion in determining the grounds for appeal by Defendant B constitutes an unfair argument in sentencing.

As seen above, only the cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced may be appealed on the grounds of unfair sentencing.

Therefore, in this case where a fine is imposed against Defendant B, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

3. Determination on the grounds of Defendant C’s appeal (1) “election campaign” under the Act on the Election of Public Officials means an act that can be objectively recognized for the purpose of promoting the election or defeat of a specific candidate in a specific election.

The intent of this objective is not only to express the explicit method of requesting support by disclosing the intent to leave a specific election but also to the extent that it can easily be inferred from the viewpoint of the elector in light of the circumstances at the time.

As above, there was an intent of the above purpose

In order to prosecute, the relationship with the election can be inferred simply.

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