공직선거법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is deemed to be too unafford by the lower court’s respective sentences (a fine of KRW 3 million and a surcharge of KRW 1.4 million and a surcharge of KRW 1.4 million, Defendant B: a fine of KRW 5 million, and Defendant C: a fine of KRW 2 million) against the Defendants.
2. The crime of this case is to provide or promise Defendant A to provide a total of KRW 1,645,00,00 for 1,560,000 for 1,500 for her natives or branchs in connection with the election campaign, and the Defendants provide and receive KRW 1,40,000 for 1,566,00 as a volunteer allowance for Defendant A’s election campaign, and it is not good that the crime is committed in terms of the frequency of the crime and method of the crime, etc., and such act is likely to distort the expectation of citizens who desire to open a clean election.
These circumstances are disadvantageous to the Defendants.
However, the Defendants, while recognizing all of the instant crimes, are against their mistake.
Defendants are not subject to punishment for the same kind of crime.
Money and valuables provided or promised to be provided by the Defendants are relatively minor, and such money and valuables are also deemed to have been paid for actual expenses or consolation in relation to election campaigns.
These circumstances are favorable to the Defendants.
In full view of such circumstances and the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the scope of recommended sentences of sentencing guidelines, including the circumstances after the crime, the sentencing of the lower court is deemed to be too unjustifiable and unreasonable.
3. Accordingly, the prosecutor’s appeal against the Defendants is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.