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(영문) 서울고등법원 2015.02.12 2015노96
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (a fine of KRW 800,000) against the Defendants is too unhued and unreasonable.

2. The Defendants’ promotion of the achievements of the head of the active duty local government to be a candidate, thereby violating the duty of neutrality as a public official and impairing the fairness of election, etc. are disadvantageous factors for sentencing to the Defendants.

However, in full view of the following circumstances: (a) the Defendants’ perception of the crime and reflects the mistake in depth; (b) the Defendants did not have any criminal records or criminal records that exceed the fine; (c) the Defendants committed the instant crime without any awareness of any illegality; (d) the Defendants appears to have committed the instant crime without any awareness of any illegality; and (e) the fact that the instant crime was committed against a small number of other parties five months before the election day; and (e) the scope of the recommended sentence for the Defendants according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court (each fine of KRW 70 million - 2 million - the basic area of Type 2 during the period for the election campaign violation of the period for the election campaign) and the Defendants’ age, character and behavior, environment, motive, background, means and consequence of the crime, and circumstances after the crime, etc., the prosecutor’s assertion is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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