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(영문) 서울고등법원 (춘천) 2019.01.23 2018노166
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant and his defense counsel withdrawn the assertion of legal errors in the violation of the Public Official Election Act by distributing documents in accordance with the unlawful method on the first trial date of this court, and withdrawal of misconception of facts about the intentional violation of the Public Official Election Act through door-to-door visits.

The punishment of the court below against the defendant (1.5 million won of a fine) is too unreasonable.

2. The fact that the defendant's decision on the grounds for appeal is against the law, and that the defendant is the first offender is favorable.

However, the Public Official Election Act, which is the basis of democratic politics, aims to ensure the legitimacy of state power and to contribute to the maintenance and development of democratic politics by ensuring the legitimacy of state power through the free will of the people and democratic procedures and by preventing any malpractice related to the election. As such, there is a need for a corresponding punishment for violations, and the fact that the defendant violated the Public Official Election Act by distributing the name of the defendant again even though he was subject to a caution from the B Election Commission.

In light of the following circumstances: (a) there is no special change in circumstances that would otherwise determine punishment when the Defendant was committed in various circumstances and the trial; and (b) the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime; and (c) the Defendant’s punishment against the Defendant cannot be deemed unfair on the ground that the Defendant’s punishment against the Defendant is too unreasonable, considering all the sentencing conditions

3. As such, the defendant's appeal 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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