beta
Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal (a two-month period) asserts that the defendant is too unafford and unfair as he/she is sentenced to imprisonment with prison labor (ten months) by the lower court, and the prosecutor asserts that the lower court’s punishment is too unafford and thus unfair.
2. The judgment of the defendant committed each of the crimes of this case during the period of probation, and according to the Public Official Election Act, anyone cannot demand or receive money or valuables related to the election campaign. However, even though the defendant's activities conducted to D with the winning of the 7th simultaneous local elections were limited to the extent that he requested several persons to support D in return for the election campaign, his father C, who is his father, was forced to withdraw 20 million won in return for the election campaign, and the crime of attempted to commit each of the crimes of this case, which committed an injury of 28 days prior to the victim L who requested the repayment of debt, is more serious and the nature of the crime is poor. The crime of attempted to commit the crime of this case was committed beyond mere taking property and detrimental to the election order, and there are several kinds of records that the defendant was punished for violent crimes.
On the other hand, the defendant reflects the defendant's wrong, and the defendant agreed with the victims at the court below, which submitted the victim C's written agreement at the court below, but the circumstances that the defendant agreed with the above victim were already considered as favorable circumstances in the court below.
It is favorable for others.
In full view of such circumstances and all of the sentencing conditions as seen in the instant argument, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable as it is too heavy.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act.