The judgment of the court below is reversed.

It is due to the distribution of the name of the defendant by the method of escape from the first crime.

1. Summary of grounds for appeal;

A. Although the public prosecutor should separately decide on the punishment for a violation of each of the Public Official Election Act as stated in the lower judgment pursuant to Article 18(3) of the Public Official Election Act, the lower court erred by misapprehending the legal doctrine, thereby making a single sentence after having committed concurrent crimes pursuant to Article 38(1)2 of the Criminal Act.

B. In light of the circumstances leading up to the defendant's involvement in an election campaign, details of the crime, influence of the result of the election, criminal record, degree of reflection, etc., the sentence of the court below that invalidates the candidate's election (two months of imprisonment and two years of suspended execution) is excessively unreasonable.

2. Judgment on the prosecutor's grounds for appeal

(a) If the spouse of a candidate is sentenced to imprisonment or a fine exceeding three million won on account of committing a crime of making an act of contribution under Articles 230 through 234 and 257 (1) of the Public Official Election Act in the relevant election, or a crime of making an illegal acceptance of or receiving of political funds under Article 45 (1) of the Political Funds Act, the election of the candidate for the relevant constituency shall be invalidated (main sentence of Article 265 of the Public Official Election Act), and if the spouse of the candidate is sentenced to imprisonment or a fine exceeding three million won on account of a concurrent crime of Article 265 of the Public Official Election Act and a crime of violating the main sentence of Article 265 of the Public Official Election Act

(Article 18(3) of the Public Official Election Act).

In this case, the second crime in the decision of the court below is a crime against Article 230 of the Public Official Election Act, and the election of the candidate is invalidated when the defendant who is the spouse of the candidate violates the provision of Article 230 of the Public Official Election Act, and is sentenced to imprisonment or a fine exceeding three million won pursuant to the main sentence of Article 265 of the Public Official Election Act, and when a suspended sentence is sentenced to imprisonment with prison labor for the defendant as a concurrent crime with the first crime in the decision of the court below, the sentence for the above crimes should be separately sentenced. However, the court below is a suspended sentence for six months after a suspended sentence is imposed for the defendant