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(영문) 광주고등법원 (제주) 2015.04.15 2015노25
공직선거법위반등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A: a fine of KRW 2 million, Defendant B: a fine of KRW 700,000) is too unreasonable.

B. The Prosecutor (the Defendant A)’s sentence imposed by the lower court on Defendant A is too uneasible.

2. The lower court, as indicated in its reasoning, determined the sentence by taking into account the favorable and unfavorable circumstances for the Defendants, and taking into account all the sentencing conditions and the outcome of the application of the sentencing guidelines of the Supreme Court Sentencing Committee, including the Defendants’ age, character and conduct, environment, and circumstances before and after the commission of the crime.

Examining the reasoning of the lower judgment in a thorough manner with the record, it is acceptable to agree with the reasoning of the lower judgment, and it cannot be deemed that the sentence of the lower court is too heavy or unreasonable, as alleged by the Defendants and the public prosecutor.

Therefore, the Defendants and the Prosecutor’s above assertion is rejected.

3. In conclusion, the appeal filed by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are

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