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(영문) 서울고등법원 (춘천) 2013.09.11 2013노139
공직선거법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s punishment (one million won per fine) against the Defendants on the summary of the grounds of appeal is too unreasonable.

2. There are circumstances to consider the Defendants favorable to the Defendants, such as the Defendants’ confession to commit the instant crime, the Defendants shown an attitude against the Defendants, and the Defendants did not have any previous error.

However, considering the fact that the instant crime consists of multiple other parties and is likely to be subject to criticism, the Defendants’ order of election campaign is likely to spread due to such crimes, and other various circumstances, such as the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, since all appeals by the Defendants are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, "Defendant B" of the judgment below No. 11 through No. 12: Article 255(2)4 and Article 91(1) of the Public Official Election Act; Article 30 of the Criminal Act; "Defendant B" is "the use of loudspeaker system under Articles 255(2)4 and 91(1) of the Public Official Election Act; Article 30 of the Criminal Act; Article 13 through 14 of the Criminal Act; "Defendant C" is "the use of loudspeaker system under Articles 255(2)5 and 93(1) of the Public Official Election Act; Article 30 of the Criminal Act; Article 255(2)5 and Article 93(1) of the Public Official Election Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Article 255(1) of the Criminal Act provides that "the maximum of fine No. 1 million to 500,00,000.

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