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(영문) 대구고등법원 2017.12.14 2017노536
공직선거법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the court below's sentence of fine of KRW 700,00 and fine of KRW 300,000 on the crime of violation of the Public Official Election Act is too uneasible.

Judgment

Examining the various sentencing conditions in the instant case, the Defendant committed the instant crime at a disadvantage to the Defendant, such as: (a) he was sentenced to imprisonment with labor for ten months on November 10, 2016; (b) on two occasions on two occasions, he was sentenced to imprisonment with labor for a period of suspension of execution and two years on November 18, 2016; (c) he was sentenced to imprisonment with labor for not less than 10 months; and (d) was sentenced to a suspension of execution on two years on two occasions; (c) was teared to tear or damage by tear; (d) was flaging the victim’s head debt with his head debt; and (e) was flaging the victim’s working on the street while under the influence of alcohol; and (e) was not aware of the nature and method of the instant crime; and (e) was committed on two occasions due to violence, theft, etc.; and (e) committed the instant crime without being aware of the suspension period

On the other hand, the fact that the defendant seems to reflect the wrongness while intending to commit the crime, that the defendant does not seem to have damaged the election poster with the intention of obstructing the election campaign of a specific candidate or the elector's right to know, that the degree of injury is not excessive, and that the victim does not want to punish the defendant, that is, the victim appears to have grow up in a somewhat unstable environment, that the mother of the defendant appeals against the wife, that the mother of the defendant still needs to be given an opportunity for the youth of 19 years of age to be a healthy member of the society.

As above, the court below comprehensively takes into account the defendant's age, sexual conduct and environment, family relation, health status, motive, background, means and consequence of the crime, circumstances before and after the crime, etc., and other various sentencing conditions that are shown in the records and arguments in this case, such as the circumstances before and after the crime.

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