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(영문) 대법원 2017.08.18 2017도6127
공직선거법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged.

In so determining, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal and by misapprehending the legal doctrine on the intention to publish false facts under the Act on the Election of Public Officials and the purpose of election.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a fine is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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