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(영문) 광주고등법원 2015.02.26 2015노17
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The suspension of sentence against a fine of KRW 700,000,000 of the lower court (the suspension of sentence against a fine of KRW 700)

Judgment

The crime of this case is that the defendant distributed the name of a preliminary candidate to the elector's residence in violation of the provisions of the Public Official Election Act, and is likely to infringe on the fairness of election by affecting the decision-making or decision of the voters.

However, considering the fact that the name of the Defendant’s distribution was 120 pages, the date on which the name cards were distributed (as of May 7, 2014) was around one month from the election day (as of June 4, 2014), and that there was no record of criminal punishment against his/her mistake and there was no record of criminal punishment, and other various circumstances shown in the instant argument, including the Defendant’s age, character and conduct, environment, means and consequence of the crime, circumstances after the crime, and the recommended sentence (as of June 4, 2014, a fine is more than 50,000 won and not more than 90,000 won) according to the sentencing guidelines of the Sentencing Committee of the Supreme Court, the lower court’s punishment cannot be deemed un

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

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