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(영문) 서울고등법원 2019.02.15 2018노3214
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 900,00) imposed by the lower court is too unfilled and unreasonable.

2. The lower court rendered a sentence against the Defendant by taking account of the following: (a) the Defendant: (b) under unfavorable circumstances; (c) the Defendant sent 467 copies of the letter in which the Defendant complained of support from the party members to which he belongs; (d) the Defendant distributed printed matters in violation of the Public Official Election Act before the Defendant was able to send out the letter of this case; and (b) the Defendant committed the instant crime despite having received administrative measures from the election commission by distributing printed matters in a manner contrary to the Public Official Election Act; (b) under favorable circumstances; (c) the Defendant did not have any criminal record above the suspension of execution; and (d) the Defendant did not have any history of criminal punishment for violation of the Election Act; and (d) the recipient of the letter of this case was most the party members of the Defendant to which he belongs; and (e) the Defendant was

The sentencing of the lower court seems to have been conducted within the scope of reasonable discretion in consideration of the aforementioned various circumstances.

The circumstances alleged by the prosecutor as grounds for unfair sentencing have already been fully considered in the process of determining the sentence, and no special circumstance exists to change the sentencing of the lower court.

The prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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