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(영문) 인천지방법원 2015.10.16 2015노2776
공공단체등위탁선거에관한법률위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence imposed by the court below on the Defendants is too unfasible.

2. Based on the judgment, the crime of this case was committed by the Defendants through a prior election campaign by sending text messages to the union president while taking part in the election of the union president, and this can be prejudicial to the fairness of the procedure, and the nature of the crime is not easy.

However, the defendants recognize all of the crimes of this case; the defendants have no specific criminal power except for the punishment for minor fines; there is no record of punishment for the same kind of crime; the contents of the message sent by the defendants are merely mere personnel and it is difficult to evaluate that the illegality of the message itself is serious; and the above illegal act seems to not directly affect the election; and all of the sentencing conditions specified in the arguments of this case, including the defendants' age, character and conduct, the circumstances of the crime of this case, and the circumstances after the crime, etc., are considered in light of all of the sentencing conditions specified in the arguments of this case, such as the defendants' age, character and conduct, the circumstance of the crime of this case, etc., the defendant'

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

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