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(영문) 광주고등법원 2019.01.10 2018노453
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of suspended sentence for four months of imprisonment) of the lower court is too unreasonable.

2. The Defendant removed, without good cause, nine election banners of H, a competitor candidate of the wife going to C/Gun.

The instant crime interferes with the legitimate election campaign of a candidate by arbitrarily removing an electoral banner of a specific candidate without any authority, and the number of removed placards is not a few.

In particular, as the defendant prevented the above crimes on the day before the election day, the freedom of election campaign and the fairness of election were more likely to be infringed, so there is a high possibility of criticism.

In full view of the above circumstances and other factors of sentencing, including the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, even if considering the following factors: (a) the Defendant was committed and the mistake was divided; (b) the first offender was considered to have been illegal in the above election banner; and (c) the Defendant appears to have been considered as having no influence on the election result; and (d) the fact that the instant crime appears to have been committed in favor of the Defendant, it does not seem that the lower court’s sentence against the Defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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