(영문) 부산고등법원 2017.01.25 2016노757 | 리걸엔진

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(영문) 부산고등법원 2017.01.25 2016노757

공직선거법위반

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The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment with prison labor) is deemed to be too unhued and unfair.

2. Each of the crimes of this case is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant published false facts for the purpose of having the candidate support in the election of the 20th National Assembly members; (b) published such false facts several times for the purpose of having the candidate elected; and (c) slandering the candidate for the other party; and (d) published false facts as to the candidate’s origin, age, change of party membership, and the degree of support by the current voters, etc. in light of the overall frequency of the crimes; (b) the Defendant’s primary interest; and (c) published false facts as to the candidate’s origin, age, change of party membership; and (d) the candidate’s change of party membership, which are the primary interest of the voters; and (d) the fact that each of the crimes of this case consists of SNS with high radio wave; and (e) the Defendant has been punished once a suspended sentence and once a fine for election-related crimes.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized all of the crimes of this case, and divided wrong facts, the crime of publishing false facts for the purpose of the abortion in this case, and the fact that the G candidate who is the object of the crime of slandering the candidate is elected as a member of the National Assembly, and that each crime of this case does not affect the result of the election, and that the defendant was punished for a suspended sentence for a crime related to election, the defendant has been relatively long long, and other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime, etc., it is not difficult to say that the sentence imposed by the

Therefore, prosecutor's assertion is without merit.

3. Conclusion.

참조조문

-형법 제51조

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