[Defendant A] The part of the lower judgment against Defendant A is reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

1. Summary of grounds for appeal;

A. Prosecutor 1) The offense of violation of the Public Official Election Act due to mistake of facts and misapprehension of legal principles (hereinafter “Defendant A”) can be different from the offense of violation of the Public Official Election Act due to intimidation by a candidate, the purpose of conflict, and the method of crime. Nevertheless, the judgment of the court below acquitted the Defendants on the violation of the Public Official Election Act due to a request for purchase on the grounds that intimidation or attack cannot be deemed an act of a request for purchase. 2) The judgment of the court below acquitted the Defendants (hereinafter “Defendant A”: imprisonment of one year, suspension of execution, 2 years, additional collection, 4.2 million won, 5 million won, 2 million won, 3.2 million won, 4.6 million won, 5 million won, additional collection, 4.0 million won, 5 million won, 5 million won, 5 million won, 500 million won, 50 million won, E:3 million won, and 1.5 million won, 1.5 million won.

B. The sentence imposed by the lower court on Defendant B, B, and D is too unreasonable.

2. Determination

A. Defendant B, C, D, and E receive the application forms for joining the political party from those who have not been expressed that they would pay the party membership fees on a favorable basis due to the common interests of the above Defendants, the lower court shall take into account the following: (a) in the process of preparing the application forms for joining the political party; (b) the process of committing a crime is planned and organized; and (c) the crime of violating the Public Official Election Act concerning the receipt of the party membership fees and the third party contributions constitutes a crime with a high degree of illegality even among the crimes of violating the Public Official Election Act; and (d) as a result of favorable circumstances, the crime of the above Defendants did not have a significant influence on the result of the election; and (e) the amount received by the contribution act is collected in full; (b) the degree of the amount actually reverted to the above Defendants; and (c) the relation between the said Defendants and V, X, and W.