Defendant

Defendant

Finality, mobile fever (public trial)

Law Firm Round, Attorney Lee In-bok

Cheongju District Court Decision 2014Gohap178 Decided November 6, 2014

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The sentencing of the court below (2 million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

All of the crimes of this case are led to confessions and reflects by the defendant, the degree of publication of false facts is weak and it is not likely to have influenced an election, and in the case of graduate school academic background, the immediate correction is made, etc. are favorable to the defendant.

However, since the publication of false facts about candidates may cause electors to make an accurate judgment on candidates, it is necessary to strictly prohibit them. Although the Defendant had already stated false information about the academic background in the 5th local election campaign bulletin of the 2010 local election, the Defendant committed the instant crime, the Defendant committed the instant crime even though he had already been at issue by stating the false information about “△△ High School graduate” with respect to the academic background, and the Defendant did not correct it even though on May 17, 2014, issued a candidate’s name stating “△△△ High School” in the election campaign bulletin of the election commission around the election commission, which continued to be corrected, and issued the candidate’s name stating “△△△ High School” in the academic career column, the record of punishment for violation of the Public Official Election Act was only once, and considering all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, background and method of the crime, means and method of the crime, and circumstances after the crime, it cannot be deemed unfair to balance the lower court’s sentencing within the sentencing range of sentencing guidelines.

3. Conclusion

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

Judges Lee Jae-won (Presiding Judge)