공직선거법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal that an illegal election campaign damages the fairness of the election and thus requires a strict punishment. In this case, in light of the fact that the matter in question is grave and bad in quality, etc., the sentence of the lower court against the Defendants (a fine of KRW 900,000) is too uneasible and unfair.
2. The crime of this case is that the defendants mobilized disabled persons who were admitted to the protection facilities for disabled persons operated by the defendant A to whom they belong to, and the nature of the crime is not minor in light of the content and method of the crime.
However, the Defendants recognized the instant crime and reflects the mistake thereof, and all the Defendants were the first offender who did not have any previous conviction.
In addition, Defendant A has been operating the protection facilities for the disabled in good faith, and Defendant B has made efforts to improve the treatment and promote the welfare of the disabled as a member of the Do Council.
In addition, considering the motive and background of the instant crime, the means and consequence of the instant crime, the Defendants’ age, criminal records, sexual behaviors, and various conditions of sentencing as indicated in the instant case and the theory of changes, the lower court’s punishment against the Defendants cannot be deemed unfair, even considering the grounds alleged by the prosecutor as grounds for appeal.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.