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(영문) 서울고등법원 2019.05.31 2019노742
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the mistake of facts and misapprehension of legal principles (not guilty part in the grounds) and circumstantial evidence supporting the victim’s specific and consistent statement, the defendant found the victim’s bridge by bicycle, and even if the defendant made a speech or behavior as if he would inflict any bodily harm on the victim when continuing election campaign at the site of the case, the court below acquitted the defendant of this part of the facts charged, by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the lower court determined that the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant committed two-time assaults on the part of the victim’s bridge with the bicycle front wheel, being towed in the vicinity C, or notified the victim of any harm and injury in excess of a simple bath, and no other evidence exists.

In light of the records, the judgment of the court below is just and there is no error of misconception of facts or misunderstanding of legal principles as alleged by the prosecutor.

B. As to the assertion on unfair sentencing, the instant crime is a case of using violence against preliminary candidates for nationwide local elections at Dong-dong local elections at the 7th time, and is not against the intent of the Public Official Election Act, which seeks to protect individual’s freedom of election beyond the infringement of legal interests.

While the victim is a severe punishment against the defendant, there is no circumstance that the defendant made efforts to recover the damage.

Defendant has been punished several times for violent crimes in the past.

However, the crime of this case is relatively minor in terms of means and methods of assault, such as there is no direct compromise on the body of the victim.

The defendant is against his or her will to recognize his or her mistake.

. Other.

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