The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of five million won) imposed by the lower court is too unhued and unreasonable.

2. The purpose of the Public Official Election Act is to contribute to the maintenance and development of democratic politics by ensuring that public elections, which are the basis of democratic politics, are held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to the election. As such, there is a need to strictly punish election campaigns in violation of such provision. In particular, since offering money and valuables related to election is likely to undermine the fairness and transparency of elections and to impede the rational choice of voters, the Public Official Election Act prohibits such acts strictly and objectively and neutral sentencing factors are recognized.

However, a favorable sentencing factor or objective and neutral sentencing factor is also recognized, such as the fact that the defendant led to the crime of this case, the defendant provided money and valuables in terms of compensation for actual expenses for election campaigns under the pretext of food expenses, and the amount thereof is not much significant.

In full view of the aforementioned factors and the Defendant’s age, character and conduct, intelligence and environment, motive and background of the instant crime, the means and consequence of the instant crime, various circumstances revealed in the arguments, including the circumstances after the instant crime, and the statutory penalty for the crime of violating the Public Official Election Act (a imprisonment for not more than five years or a fine not exceeding 30 million won) and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (a fine of not more than one million won or five million won) (the conclusion is identical even if it is based on the basic area). The sentence imposed by the lower court cannot be deemed to be somewhat weak to the extent that it should be reversed.

Therefore, prosecutor's assertion is without merit.

- Violation of the Public Official Election Act: Election crimes, purchase and inducement for understanding, general purchase of types 2, candidates for political parties.