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Cases
2020No1767 Violation of the Public Official Election Act
Defendant
A
Appellant
Prosecutor
Prosecutor
Kim Ma-sik (prosecution) and a panscop (public trial)
Defense Counsel
Attorney Lee Slova (Korean)
The judgment below
Incheon District Court Decision 2020Gohap164 Decided September 18, 2020
Imposition of Judgment
December 18, 2020
Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal: Unfair sentencing
Punishments (fines 5 million won) imposed on the defendant by the court below are too unhued and unfair.
2. Determination
The lower court determined the Defendant’s punishment against the Defendant: (a) under unfavorable circumstances; (b) the Defendant interfered with the speech of the relevant election campaign group; (c) infringed on the freedom of election that constituted the basis of democracy by assaulting the election campaign manager; and (d) the Defendant has been punished for violent crimes several times; (b) under favorable circumstances, the Defendant recognized his/her own crime; (c) the Defendant was not during the time when the Defendant interfered with election campaign; and (d) the type of the Defendant’s crime appears to have no particular influence on the election; and (d) the Defendant’s crime appears
Considering that Defendant appears to have committed the instant crime contingently in the status of drinking alcohol at the time of the instant case, and that Defendant has been trying to treat the post-certification of alcohol as against his own criminal act, the lower court appears to have determined a sentence within a reasonable scope of discretion. The circumstances alleged by the Prosecutor as grounds for appeal on grounds of unfair sentencing through the grounds for appeal are already sufficiently considered in the process of determining the sentence as above, and there are no other special circumstances to change the sentencing of the lower court. Accordingly, the Prosecutor’s assertion of unfair sentencing is rejected.
3. Conclusion
Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges
the presiding judge and deputy judge
Judges Lee Jong-hwan
Judges Associate Jin