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(영문) 광주고등법원 2019.06.27 2019노42
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of 500,000 won) is too unhued and unreasonable.

2. The Defendant removed one banner of the candidates of the Gwangju DD Council members on the ground that the building was built.

Such crimes are not those that infringe upon the right of the voters to know and interfere with the fair election campaign, and the liability for such crimes cannot be said to be less severe.

However, in full view of the circumstances favorable to the defendant and other factors of sentencing, such as the defendant's age, character and behavior, environment, and circumstances after the crime, which are favorable to the defendant, such as the fact that the defendant committed the crime of this case, and the defendant merely appears to have committed the crime of this case as a building manager, but does not seem to have removed the banner in relation to the election, and that the defendant did not have any criminal power, and that the defendant was punished in the candidate side of the above member of the council who was slaped with the banner, it is unreasonable to view that the punishment imposed by the court below is too unreasonable.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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