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(영문) 서울고등법원 2016.09.21 2016노2337
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The sentence of the court below (the fine of 800,000 won) is too unfilled.

The Public Official Election Act is prepared to contribute to the development of democratic politics by ensuring that elections are held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to elections (Article 1 of the Public Official Election Act).

The crime of this case was committed by the Defendants in a way that is not prescribed by the Public Official Election Act prior to the election campaign period for the preliminary candidate G to be going to the election district of the 20th National Assembly member, and by making a contribution to the election to affect the correct decision-making or decision of the voters, and the liability for the crime is not less complicated.

However, the defendants divided their errors and reflects their depth in depth, the defendants did not have the same criminal record, and the majority of students who did not have the right to vote at the time had a direct influence on the election result by the defendants' act.

The fact that it is difficult to see can be considered as favorable circumstances to the Defendants.

In addition to these circumstances, comprehensively taking account of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, motive, background, means and consequence of the crime, the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee, etc., the sentence imposed by the lower court cannot be deemed to be too unreasonable.

We cannot accept the prosecutor's improper argument of sentencing.

Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

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