2. The crime of this case is not easy in that it provides money and valuables to the persons attending the Publication Commemorative Council of K for the purpose of the person who wishes to be a candidate. Such crime is not that of impairing the fairness and transparency of the election by leading the elector to a gold force rather than the quality, knowledge, and policy of the candidate and distort his free will, and thus, it should be held liable corresponding to that of the defendant.

However, the court below's punishment against the defendant is deemed appropriate and it cannot be deemed unfair in light of the following factors: (a) the defendant personality and conduct, environment, motive or circumstance of the crime, means and method of the crime, circumstances after the crime, and the result of the application of the sentencing guidelines of the Supreme Court Sentencing Committee, etc. in light of the following: (b) the fact that the defendant was given money and valuables to the officers and students of the University, the East Korean University, the Korean Teachers' Association attending the Publication Memorial Society; (c) the amount of money and valuables provided by the defendant is not the higher amount of money and valuables; (d) the defendant has no past record of criminal punishment; (e) the defendant's age, character and conduct, motive or circumstance

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