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(영문) 서울고등법원 2015.02.05 2014노3937
공직선거법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the Defendant (a fine of 4 million won) sentenced by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case is that the Defendant posted a letter on the Internet with high radio wave for the purpose of preventing a specific candidate from being elected, and slandered a specific candidate. Such act is an obstacle to the settlement of a sound and transparent election climate by infringing on the fairness of election and the rational choice of voters. The Defendant, who belongs to a specific political party and was in the position of the special chairperson of cyber countermeasures, and thus has a duty to observe the Public Official Election Act, slanders a candidate on the ground of a question that he was obligated to hold a fair election. The Defendant’s pro rata on the Twitter account used by the Defendant, stating that he was in the position of the civic group called “the Secretary General of the M organization,” and thus, was able to give trust to the people see the Twitter, and the Defendant committed the crime of this case at the time before the election was not held and that he committed the crime of this case at the time when he was left.

However, the fact that the defendant recognized his mistake and reflects, that the defendant immediately deleteds his writing that he prepared after being contacted by the election commission, and that the candidate who slandered the defendant appears not to have a significant impact on the election, and that the crime of this case seems to have been elected in the election, is favorable to the defendant.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, the recommended sentencing guidelines (a fine of KRW 2.5 million to KRW 4 million, and a fine of KRW 6 months to KRW 1 year), and all other circumstances and circumstances, etc., it is difficult to deem that the sentence of the lower court is too heavy or unreasonable.

Therefore, the defendant.

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