2. The Public Official Election Act strictly limits the methods and timing of election campaigns in order to ensure that elections are held fairly in accordance with the free will of the people and democratic procedures. The crime of this case recognized by evidence, evidence-based rules, and legal principles is a case where the defendant paid food values on the job to inform or appeal of the preliminary candidate E that the defendant intends to leave the Hadong-gun election, and furthermore, the crime of this case is an unfavorable sentencing factor or objective and neutral sentencing factor, such as that the nature of the crime is not easy in that the defendant provided food to appeal for support.

However, the form of profit provided by the defendant is food, and the amount is relatively minor and minor, and the time of provision is not imminent as of March 15, 2014, which is the election day, and since a person who is not E in the 6th nationwide local election is elected to the Hadong Gun, each of the crimes of this case seems not to have a significant impact on the election, and the defendant is also recognized as a favorable sentencing factor or objective and neutral sentencing factor such as the fact that there is no criminal record, in addition to the punishment imposed on the crime of this case by a relatively minor fine.

In full view of the aforementioned factors of sentencing and sentencing criteria, the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, various circumstances revealed in the pleadings, such as the means and consequence of the instant crime, and the scope of recommending punishment according to the sentencing guidelines of the Supreme Court’s Sentencing Committee (no penalty of KRW 500,000 to KRW 3450,00), the sentence imposed by the lower court shall not be deemed to be negligible to the extent that it should be reversed.

Therefore, prosecutor's assertion is without merit.

[The principal basis for the judgment of both punishment] - a majority crime -