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All of the appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (for defendant A, 8 months of imprisonment, 2 years of suspended sentence, 4 months of suspended sentence, 2 years of suspended sentence, 3 million won of fine) of the lower court is deemed to be too unfeasible and unfair.
2. The crime of this case is deemed to have influenced the Defendants’ result of the election in light of the fact that the Defendants provided money to many voters for the purpose of getting Defendant A elected in the election of non-permanent auditor of the H association, and the nature of the crime is inferior.
In addition, the defendant A, who led the crime, denied the crime despite the clear evidence in the investigation agency, and the defendant B attempted to reverse the M's statement at the beginning of the investigation.
However, Defendant B and C who participated in a part of the crime at the court below recognized each crime from the investigation stage, and reflects it.
In addition, there is no record of the crime that Defendant A was sentenced to a suspended sentence of imprisonment without prison labor due to occupational injury in 1979, except for Defendant A who was sentenced to a suspended sentence of imprisonment.
In full view of the above circumstances and the Defendants’ age, character and conduct, environment, motive, means, and consequence of the commission of the crime, the sentence of the lower court does not seem to have exceeded the reasonable scope of discretion, and thus, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.