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(영문) 서울고등법원 2018.08.22 2018노1028
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The sentence of the lower court’s unfair sentencing (the amount of KRW 500,000) is too unhued and unreasonable.

2. The instant crime is a case where the Defendant removed the entire poster of the candidate for the 19th presidential election in hand on two occasions, thereby damaging it.

The lower court sentenced the Defendant to the above punishment by comprehensively taking account of the following factors: (a) although the crime of this case is not less likely to impair the right to identify electors and the efficiency of election management; (b) the Defendant appears to have no political intent or purpose to influence the election as committing the crime of this case by contingency; and (c) the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and other various sentencing conditions indicated in the record, such as the circumstances after the crime.

The sentencing of the lower court appears to have been determined by fully taking into account the above various circumstances with regard to the Defendant, and there is no special change in circumstances that are different from the sentencing conditions of the lower court until the appellate court is in the trial.

Therefore, the prosecutor's argument that the court below's punishment is unfair because it is too unfortunate is unreasonable is without merit.

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

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