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(영문) 대구고등법원 2020.09.17 2020노300
공직선거법위반
Text

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

Reasons

1. The lower court’s punishment (one million won per fine) against the Defendants on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The crime of this case is to induce the Defendants to respond to the false response of gender, age, etc. in the public opinion poll conducted against electorates by posting a conversation on the Flaps in order to influence the results of the public opinion poll for the intra-party competition.

Public opinion poll for the intraparty competition is very important to ensure objectivity and reliability of the procedure or method. The defendants' crime is not likely to be a crime that distorts the results of public opinion poll and damages fair election order.

However, the defendants recognize the crime of this case and repented in depth.

Defendant

In the case of A, a notice of a conversation was posted one-time on a hosting hold, and was sent one-time message to one-person, and in the case of Defendant B, it was limited to a one-time notice of a conversation in a cryping hold.

There is no criminal record exceeding the same kind of power or fine.

In addition, comprehensively taking into account the following factors: the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court to the Defendants cannot be deemed to be unfair because it is adequate and too unreasonable.

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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