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서울고등법원 2018.01.18 2017노3488
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced to the defendant is unfair because the punishment (five million won penalty) is too unreasonable.

Judgment

In full view of the circumstances, such as the favorable circumstances and unfavorable conditions for the defendant, the circumstances that the court below explained on the grounds of sentencing, in particular, at the time when the D election remains long, slandered the defendant by pointing out false facts, and considering the possibility of spreading the Pins North Korea where the defendant posted a false writing, the crime of this case cannot be deemed to have a negative impact on the election. The court below held that the defendant selected a fine among the statutory penalty for each of the crimes in the judgment below and sentenced the lowest sentence, the defendant’s age and character environment, the motive and consequence of the crime of this case, the motive and consequence of the crime of this case, the circumstances after the crime, etc., and all of the conditions of the arguments and the records of this case, it is not recognized that the punishment of the

Defendant’s assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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