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(영문) 서울고등법원 2013.09.26 2013노2220
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment is a condition for sentencing favorable to the defendant, such as the fact that the defendant has no record of punishment for the same crime, the fact that the defendant reflects the mistake, the defendant's direct preparation of the document of this case, not the document of this case but retransmittings it from others, and the defendant has delivered a letter of apology to the office of F Assembly members.

However, the crime of this case is that the defendant published false facts about the lineal ascendant of the candidate for the President during the 18th presidential election campaign period, and such act is unfavorable to a specific candidate, and it damages the fairness and transparency of the election by influencing the right decision or judgment of the voters. The nature of the crime is heavy. Notwithstanding the fact that the defendant was working as the D organization support team leader during the 18th presidential election campaign period, the defendant published the false facts in this case. The contents of the defendant's publication may not only cause mental harm to other candidates under competition with the candidate for the candidate, but also may have an influence on the result of the election by stimulating the appraisal of the voters. The contents of the F candidate's homepage or major daily newspapers are also against the defendant's age, character and behavior, environment, background of the crime of this case, circumstances after the crime of this case, etc., and the scope of fines for punishment under the law applicable to the punishment conditions such as punishment 2.5 million won -2,2500,000 won, and the sentencing guidelines set by the Sentencing Commission / [3.6 million won].

Therefore, the defendant's assertion is without merit.

3. If so, the defendant's appeal is justified.

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