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(영문) 서울고등법원 2018.10.26 2018노2481
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 700,000) is deemed to be too uneasy and unfair.

2. The lower court determined that the crime of this case was no longer a crime committed against the Defendant, unlike the crime of destroying ordinary property, as the crime of damaging the right to know about the elector, the fairness of the election, the utility of the election management, etc., under the circumstances unfavorable to the Defendant

Along with the fact that the Defendant repeatedly damages the banner of the same candidate, the Defendant’s punishment against the Defendant was imposed, taking into account the following: (a) the Defendant repeatedly damages the banner of the same candidate; (b) the degree of damage to banner is not serious; and (c) the Defendant’s entire confession of the instant crime; and (d) the Defendant is contrary to the degree of infringement of legal interests; (b) the Defendant does not seem to have committed any political intent or crime aimed at affecting the election in light of the motive and circumstances of the crime; and (c) there was no record of punishment for the same kind

In light of the circumstances, etc. where the appellate court did not have any special changes in circumstances that could otherwise evaluate the sentencing conditions of the lower court in favor of or unfavorable to the Defendant, the sentencing of the lower court cannot be deemed to be unfair as it is too unfortunate.

The prosecutor's argument cannot be accepted.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.

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