The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for one year from the date of the final judgment.

Summary of Grounds for Appeal

The punishment of the lower court (three million won of a fine) is too minor or unreasonable.

Judgment

The scope of the recommendations on the sentencing guidelines (the decision of the type of punishment) [the violation of the prohibition and restriction on the contribution act] - Where a person commits an offense against an unspecified or many other parties (160 persons among electors) / [the scope of the recommendation punishment] increased, 8 months to 2 years [the general person] from 8 months to 2 years] of imprisonment, there are no criminal records that could have an effect on the election in light of the timing of the contribution act in this case, and there are some some reasons to take into account the circumstances leading to the act in this case, as well as the fact that the defendant does not leave the election every time, etc. are favorable sentencing factors.

However, the act of contribution under the Public Official Election Act is strictly prohibited in order to ensure the transparency and fairness of election as there is a risk of distortion of an individual's free will due to unfair economic interests, etc. in elections to be made according to free decision-making.

In light of the legislative intent of the Public Official Election Act, the crime of this case is not less complicated.

In addition, considering the following circumstances: (a) the Defendant had already experienced several times of election, and even though he was well aware of the acts prohibited by the Public Official Election Act, the Defendant made the instant contribution act to a number of electorates up to 160 electors under the name of his name, (b) instead of the Defendant’s name, and (c) the Defendant sent gifts in the name of his father K and paid the said payments through K; (d) the Defendant’s age, character and conduct, family environment, motive, means and consequence of the instant crime; and (e) the sentencing criteria for the election crimes of the Sentencing Committee are heavy.