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(영문) 서울고등법원 2013.05.24 2013노1196
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of a fine of 300,000 won imposed on the defendant by the court below is too unhued and unfair.

Judgment

The crime of this case is one of the crimes that interfere with free and fair elections by the Defendant’s election campaign on the election day in violation of the Public Official Election Act. However, it is found that the Defendant led to the crime of this case by contingently considering all of the sentencing conditions, including the Defendant’s age, family relation, criminal record relation, occupation, environment, motive and circumstance of the crime, method and method of the crime, and circumstances after the crime, since the Defendant’s punishment imposed by the lower court is too unreasonable, the prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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