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(영문) 부산고등법원 2014.08.27 2014노383
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won of a fine) is too unhued and unreasonable.

2. The crime of this case is that the defendant spreads about 2,00 name of the defendant in violation of the election campaign methods under the Public Official Election Act to a wide range of areas. Such an act is likely to undermine the legislative intent of the Public Official Election Act to establish a transparent and fair election campaign culture, and it is highly likely to undermine the fairness of election by affecting the right decision-making or decision-making of the candidates.

However, in full view of the following factors: (a) the Defendant has divided his mistake in depth; (b) the Defendant immediately resigned from his office after being notified by the Election Commission that the Defendant was found to have committed the instant crime; (c) the Defendant has no record of criminal punishment for the same kind of crime; (d) the Defendant’s age, character and conduct, environment, health conditions; (e) motive and means of the crime; and (e) the motive and means of the crime; and (e) the outcome of the application of the sentencing guidelines by the Sentencing Commission, the sentence of

Therefore, the prosecutor's argument of unfair sentencing is without merit.

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

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