All appeals filed by the prosecutor against the Defendants are dismissed.

1. The sentencing of the lower court against the Defendants in the summary of the grounds for appeal (the Defendant A is punished by imprisonment for 2 years, Defendant B, C, D, and E with a suspended sentence of 8 months) is too unfasible and unfair.

2. Determination

A. Defendant A’s crime committed the instant crime is that: (a) the Defendant recruited volunteers to engage in an election campaign for H to be a candidate who was a candidate for the 6th regular local election nationwide; and (b) received KRW 3 million from L, who is a part of H, in return for allowances to volunteers, etc., and divided the said money to volunteers; and (c) the Defendant’s criminal liability is not weak in light of the specific details and circumstances of the crime, the time and amount of the crime, and the amount of money received or provided.

It is necessary to eradicate this act strictly in terms of causing the harmful effects of the election.

However, there are circumstances to be considered in sentencing.

The defendant recognized his crime and made a mistake in depth, and cooperate in the trial by attending the court as a witness and making a statement in the related cases.

The defendant distributed 3 million won to volunteers who received from L, and only distributed 200,000 won to volunteers, and does not seem to have taken a big benefit from the crime of this case.

There is no record of punishment for the same crime.

In full view of the following factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions in the instant case, including the circumstances after the crime, and the result of the application of the sentencing guidelines by the Supreme Court Sentencing Committee, it cannot be deemed that the lower court’s sentencing is unreasonable because it is too unreasonable compared to the extent of the Defendant’

Defendant

The prosecutor's assertion against A is without merit.

B. The crimes of this case committed by Defendants B, C, D, and E are those committed by the Defendants for election campaign in order to promote the 6th nationwide local election, and receive money and valuables in return for such election campaign.