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(영문) 서울고등법원 2020.08.20 2020노995
공직선거법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court (e.g., imprisonment for a violation of the Public Official Election Act, for four months and for two months of imprisonment for assault) is deemed unreasonable.

2. The Defendant discovered the appearance of the National Assembly preliminary candidates, the candidates for the National Assembly, the candidates for the candidates, the candidates for the candidates, the electorates, etc. being engaged in election campaigns in front of the opening of subway stations, and assaulting the said victims on several occasions, including their hair, face, body leg, etc.

The Public Official Election Act provides that a person who interferes with the freedom of election campaign shall be severely punished compared to those who commit a general crime of the same kind, so that a fair election may be held in accordance with the free will of the people and democratic procedures. The defendant assaulted the National Assembly member, preliminary candidates and victims who had assisted the election campaign without any reason, in a situation where the 21th National Assembly member general election does not remain approximately one month, to interfere with his or her freedom of election campaign, and the nature of such crime is not good.

In particular, the Defendant had already been sentenced to a suspended sentence of imprisonment in 2014 and 2016 due to violent crimes, and even if he was sentenced to a fine again in 2019, he committed the instant crime under the circumstances where one year has not passed since then, he committed assault to the unspecified majority.

The defendant did not receive a letter from the victims, and the victims wanted to severely punish the defendant.

This is disadvantageous to the defendant.

However, the defendant recognized all of the crimes of this case from the investigation process to reflect.

Although the defendant's act causes interference with the victims' freedom of election campaign, the defendant does not seem to have committed an election campaign with the intent or intent to obstruct election campaign, and the crime of this case is often committed.

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