The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In light of the contents, etc. of the instant crime, the sentence of the lower court (a fine of KRW 1,00,000 for each of the Defendants) is too uneased and unreasonable.

Judgment

The purpose of the Public Official Election Act is to ensure the legitimacy of state power and to contribute to the maintenance and development of democratic politics by ensuring that the public election is held fairly in accordance with the free will of the people and democratic procedures, and by preventing any malpractice related to the election, so it is necessary to strictly punish the act of violation. Each of the crimes in this case is that the Defendants received money and valuables from K prior to the election campaign period in relation to the election campaign by the public who was registered as a preliminary candidate in the old U.S. market election.

However, the Defendants have no record of criminal punishment for the same crime, and all of the crimes in this case are recognized, and their mistakes are divided in depth. In light of all of the various sentencing conditions shown in the arguments in this case, including the Defendants’ age, character and conduct, family relationship, and circumstances after the crime, the lower court’s punishment is sufficiently recognized within the scope of the appropriate punishment according to its responsibility. Thus, it is not recognized that it is unfair because it is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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.