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(영문) 대전지방법원 2016.02.04 2015노3422
공공단체등위탁선거에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that each of the punishments (amounting to KRW 800,000) declared by the court below against the Defendants is too uneased and unreasonable.

2. In full view of the following: (a) the Defendants’ crime of this case appears to have not had a significant impact on the election; (b) there is no history of crime against Defendant A; and (c) Defendant B also has no special criminal record except for those sentenced to a fine once due to a violation of the Automobile Management Act; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendants’ age, sex, environment, motive, means and consequence of the crime; and (b) all of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, the lower court’s punishment against the Defendants is too uneasible

3. In conclusion, the prosecutor’s appeal against the Defendants is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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