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(영문) 서울고등법원 (춘천) 2014.07.09 2014노91
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty imposed by the court below (700,000 won of a fine) is too unhued.

2. In light of various sentencing conditions indicated in the record, such as age, character and conduct, environment, motive and background of the crime, motive and circumstance of the crime, method and consequence of the crime, etc., it cannot be deemed that the sentence of the court below is too uneasy and unreasonable to the extent that it could not escape from destruction, in light of the following: (a) although the defendant puts an educational background other than a regular educational background to hinder the reasonable and fair judgment; (b) it is difficult to view that the defendant actually damaged the fairness of the election.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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