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(영문) 서울고등법원 2013.10.11 2013노2709
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (fine 700,000) imposed on the defendant by the court below is too unhued and unfair.

However, the crime of this case is an act that interferes with free and fair exercise of voting right, but it is against the defendant's wrong, the state of health is not good for the elderly, and there is no previous conviction beyond the fine so far, the number of electorates who have been signed is not so large, and the defendant's family relation, criminal record relation, occupation, environment, motive and circumstance of the crime, means and method of the crime, and all kinds of sentencing conditions, such as the circumstances after the crime, are considered as a whole, it cannot be deemed that the sentence imposed by the court below is too unjustifiable. Thus, the prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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