2. The Defendant’s crime of making an act of donation in relation to the judgment election is not easy in that it could undermine the fairness and transparency of the election and undermine the foundation of democracy by distorted the reasonable choice of voters.

However, the defendant's attitude to recognize and reflect all his wrongs, and the amount of money contributed by the defendant cannot be said to be a relatively large figure, and this case was that the defendant tried to leave the 7th simultaneous local elections.

D. The sentencing criteria applicable to this case are KRW 1 million to five million to five million as stated in the judgment of the court below, considering the following as a whole: (a) the Defendant’s act of donation was conducted for the purpose of making an act of donation; (b) the Defendant’s principal crime did not result in the actual impairment of the fairness of election; and (c) the Defendant’s primary crime without any criminal history was considered as sentencing materials favorable to the Defendant; and (d) the Defendant’s age, occupation, family relationship and peace; (e) the motive and method of the crime; and (e) the circumstances after the crime was committed.

It cannot be said that the sentence imposed by the court below against the defendant is too unafford and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.