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(영문) 서울고등법원 2013.12.11 2013노3482
지방교육자치에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (two million won of a fine) imposed on the defendant by the court below is too unhued and unfair.

Judgment

Considering the fact that the crime of this case is a serious criminal that interferes with free and fair election by preparing a letter of support for a specific candidate whose election campaign is prohibited and disclosing it to the public in the press, etc., and that there is a high possibility that the Defendant’s liability for the crime of this case may be mitigated during the execution of imprisonment with prison labor for violating the Public Official Election Act.

However, in light of all the sentencing conditions, including the Defendant’s age, family relation, criminal record, character and conduct, occupation, environment, motive and circumstance of the crime, method and method of the crime, circumstance after the crime, etc., the court below’s sentence against the Defendant is deemed to be too unjustifiable, and thus, the prosecutor’s assertion is without merit, since the Defendant’s punishment against the Defendant is deemed to be too unjustifiable.

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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