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(영문) 대구고등법원 2016.11.17 2016노527
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of 500,000 won) is too unhued and unreasonable.

2. The crime of this case in light of the fact that the defendant copied articles about the election and distributed them by mail to 15 persons in a way other than ordinary way for the purpose of preventing a specific candidate from being elected, and that there is a risk of undermining the fairness of election and hindering the free decision-making of voters, thereby distorted the result of election, the crime of this case and the crime of this case is not easy.

On the other hand, the defendant is attempting to commit the crime, and is against the wrongness, and it does not seem planned to lead to the crime of this case.

The defendant seems to have been living in the old age of 81 and has been living in the old age under the economic conditions that are difficult to be neglected due to the death of the wife, and there are no previous tasks.

In full view of all such circumstances as the character, conduct, environment, motive, means and consequence of the Defendant’s crime, and the circumstances after the crime committed, etc., the sentence imposed by the lower court appears to fall under the scope of the appropriate sentence corresponding to its liability, and it is not determined that the sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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

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