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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below against the defendant on the summary of the grounds for appeal (the amount of punishment shall be KRW 800,000,000) is too unhued and unreasonable.
2. The instant crime is in violation of the Public Official Election Act by granting gift sets to 15 persons including Ulsan D residents, etc., and by making contributions to the Fund. In light of the fact that the act of contribution related to the election depends on the result of the election according to the financial capacity rather than the policy or knowledge of the candidate, thereby impairing the fairness and transparency of the election and hindering the free decision-making of the voters, it is necessary to strictly punish the Defendant.
However, in full view of the following factors: (a) the Defendant’s gift set value of a gift gift granted by the Defendant is relatively minor; (b) the Defendant did not leave the election for the 20th National Assembly member on April 13, 2016; (c) the Defendant appears to have not made any special reference in relation to the election while making a contribution; (d) the Defendant has no record of being punished for the same crime; and (e) the Defendant has no record of being punished for the same crime; and (e) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, family relationship, and circumstances after the crime, it does not seem that the sentence of the lower court
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.