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(영문) 대구고등법원 2019.02.28 2019노31
지방교육자치에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered (the suspended or suspended sentence: a fine of 500,000 won) is too unhued and unreasonable.

2. The Defendant, without justifiable grounds, committed a crime that damages the banner of a candidate for G election on two occasions, thereby obstructing the election campaign of the relevant candidate, and at the same time impairing the elector’s right to know and the efficiency of election management. Therefore, the nature and circumstances of the crime cannot be deemed rice.

However, the Defendant operated a school bus to a D school in the racing from the port of distribution to the instant site, and found that some of the street-raising placards have been installed to the instant site using it as the bus stop for Pyeongtaek D School, and became an contingent crime of this case in the mind that the Defendant would have promptly embark the disabled students by promptly boarding the wheelchairs and making them open at the time.

It is recognized that the defendant did not have the purpose of obstructing the election campaign of a specific candidate, especially with political intention to influence the election.

In addition, the degree of damage of the Defendant’s banner is relatively minor, and the head of the liaison office of the election campaign office, who installed a damaged banner, has known the damage of the banner and the problems in the location of the banner installation, and has moved the banner to another place immediately after the concern about the possibility of filing a civil petition by the electorate.

The Defendant recognized the principal facts of the instant crime and reflects the depth thereof, and there is no criminal record beyond the same kind of criminal record and fine.

In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime of this case, etc., the sentence imposed by the court below can be deemed to be inappropriate because it is too uneasible and too unreasonable.

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