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(영문) 서울고등법원 (춘천) 2016.03.02 2016노10
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The decision of the court below on the summary of the grounds for appeal is unreasonable because it is too unfasible.

Judgment

The purpose of the Act is to ensure the legitimacy of the State and local power and to contribute to the maintenance and development of democratic politics by ensuring the free will of the people and democratic procedures, and by preventing any malpractice related to the election, there are unfavorable circumstances, such as the fact that there is a need for punishment corresponding thereto for election campaigns in violation of the Public Official Election Act. However, in light of the fact that the crime in this case is committed at the time of the crime, and the subject and method of election campaigns committed by the defendant, the impact of the crime in this case seems to be insignificant, and the actual fact that the candidate supported by the crime in this case does not have any particular effect on the election result, other favorable circumstances such as the defendant's age, sex, environment, motive, means and consequence of the crime in this case, etc., the punishment by the court below is too unreasonable, and it cannot be deemed that there is any undue reason to reverse the rice.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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