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(영문) 서울고등법원 2020.12.18 2020노1767
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (five million won of a fine) is too unhued and unfair.

2. The lower court determined that: (a) the Defendant’s punishment was imposed against the Defendant; (b) in light of the following: (c) the Defendant’s unfavorable circumstances; (d) the Defendant interfered with the speech of the relevant election campaign group; and infringed on the freedom of election, which constitutes the basis of democracy by assaulting the election campaign manager; and (e) the Defendant was punished for several times of violence; (b) the favorable circumstances; (c) the Defendant recognized his/her criminal act; (d) the Defendant’s use of the crime in the crime of assault is relatively insignificant in time during which the Defendant interfered with election campaign; and

In addition, the lower court appears to have determined the sentence within the reasonable scope of discretion, in view of the fact that the Defendant appears to have committed the instant crime in a contingent situation where the Defendant performed alcohol at the time of the instant case, and that the Defendant has been endeavoring to treat the symptoms of alcohol by reflecting his/her criminal act.

The circumstances alleged by the prosecutor as grounds for appeal by reason of unfair sentencing have already been considered by the lower court in the process of determining the sentence as above, and there is no other special circumstance to change the sentencing of the lower court.

Therefore, the prosecutor's assertion of unfair sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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