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(영문) 서울고등법원 2017.01.26 2016노3668
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

The sentence (2.5 million won) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

Judgment

Considering the fact that the offense of violation of the Act on the Election of Public Officials committed by the Defendant is an imprisonment with prison labor for not less than one year but not more than ten years, or a fine of not less than 5 million won but not more than 30 million won, and that the Defendant has a criminal record of having been sentenced to a suspended sentence of imprisonment with prison labor due to the fact that the Defendant had been punished for the past election-related crimes, it cannot be said that the lower court’s determination of a fine and sentenced the lowest sentence of the punishment by means of reduction of the amount of punishment is too unreasonable, even if considering all the circumstances alleged by the Defendant, including favorable circumstances for the Defendant as stated in the lower judgment.

Therefore, the defendant's assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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