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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (Defendant A: 4 months of imprisonment with prison labor for the crimes set forth in No. 1-A and No. 2-B as indicated in the holding, 6 months of suspension of execution for each of the above crimes, and 1-A, 3-C, and 3-B as stated in the holding, 2-B, and 3-B as to the crimes set forth in the judgment, and 6-B, and 3-B as to the crimes set forth in the judgment, 2-month of imprisonment with prison labor for the crimes set forth in No. 1-B, and 3-B, and the suspension of execution for each of the above crimes)
B. The punishment of Defendant A against Defendant A is too unreasonable.
2. The lower court determined that Defendant B did not have any history of criminal punishment except for Defendant B’s criminal punishment, and Defendant A did not have any history of criminal punishment; Defendant A did not have any history of criminal punishment; most of the persons provided with election-related money and valuables are Defendant A’s family members or the nearest persons; and it appears that the purpose of purchasing the elector was not to provide money and valuables; and that the Defendants’ crime appears to have no influence on the election of this case is considered as favorable to the Defendants.
On the other hand, the crime of this case is an act that damages the legislative intent of the Political Fund Act that strictly limits the method of political funds revenue and expenditure in order to ensure that the election is carried out fairly in accordance with the free will of the people and democratic procedures and to ensure the transparency of political funds and to prevent the illegality related to the election campaign. Defendant A was engaged in the election of the 19th National Assembly members and the 6th local election before the crime of this case. Defendant B was in charge of the accountant in charge at the time of the 6th local election. Thus, the Defendants were well aware of the provisions of the Public Official Election Act and the Political Fund Act, notwithstanding the fact that Defendant A was well aware.