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(영문) 서울고등법원 2013.07.26 2013노1907
공직선거법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant (unfair punishment) reflects his fault, etc., the sentence of the court below (the fine of KRW 6 million) is too unreasonable.

B. In light of the legislative intent of the Public Official Election Act and the gravity of the instant crime, the sentence of the lower court is too uneasible and unreasonable.

2. The judgment below held that the defendant recognized the crime of this case and against his mistake, the defendant did not have any other criminal records other than the punishment imposed once for the crime of this case, and the crime of this case was committed 4 to 6 months before the election day, and it appears that the crime of this case was not affected by the election, and that the crime of this case was committed in favor of the defendant, and the crime of this case was committed in Internet news articles for the purpose of preventing the defendant from being elected the F, who is a candidate for the 18th presidential election, from being elected. Such crime does not pose a significant risk of impairing the fairness of election pursued by impeding fair and reasonable judgment of the candidates due to strong propagation of Internet media, and openness of the public, thereby impairing the fairness of election pursued by the Public Official Election Act. The defendant took up comments against the candidate of this case repeatedly over 52 months, and the contents of the crime of this case were also low and continuous, and thus infringing on the personality of an individual, and thus, the defendant's motive, character and behavior and punishment were extremely unfavorable to the defendant, etc.

In full view of all the above factors of sentencing and sentencing considering the court below, the sentence of the court below, which takes into account the sentencing guidelines of the Supreme Court sentencing committee, is an appropriate level.

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