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(영문) 광주고등법원 (전주) 2014.11.11 2014노200
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., e., e., 50,000 won) of the lower court’s sentence is deemed unreasonable.

2. The Public Official Election Act, which is the basis of democratic politics, requires strict punishment for violations, in principle, for the purpose of ensuring the legitimacy of state power and contributing to the maintenance and development of democratic politics by ensuring that public elections are held fairly in accordance with the free will of the people and democratic procedures, and preventing any malpractice related to the election. However, the crime of this case is not that of disturbing the order of election by distributing newspaper articles related to C and D, which the defendant left the election of the members of the Jeollabuk-do Council in a way other than that of ordinary methods as provided in the Public Official Election Act, by distributing them to the public in a way other than that of ordinary methods as provided in the Public Official Election Act.

However, it cannot be said that the number of copies of newspaper articles distributed by the defendant is high, while the candidate supported by the defendant was successful, the candidate who was elected in the election and it is difficult to see that the crime of this case was affected by the result of the election, the defendant's depth is against the recognition of the crime of this case, and the above D does not want the punishment of the defendant, the defendant did not have any history of punishment for the same crime, and there is no criminal record sentenced to suspended execution or heavier punishment except for those sentenced to a fine for this type of crime, and the defendant did not have any criminal record sentenced to a suspended execution or heavier punishment, etc., based on the sentencing conditions under Article 51 of the Criminal Act, which are favorable to the defendant, as stated in the records and arguments, the court below's examination of the defendant's punishment on the basis of the judgment of the court below based on the sentence conditions under Article 51 of the Criminal Act as stated in the

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, but Article 25 of the Regulation on Criminal Procedure.

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