The prosecutor's appeal is dismissed.

In light of the substance of the instant crime, etc., the lower court’s punishment (fine 1,500,000) is too uneased and unreasonable.

Judgment

The purpose of the Public Official Election Act is to ensure the legitimacy of state power and to contribute to the maintenance and development of democratic politics by ensuring that an election for public office is held fairly in accordance with the free will of the people and democratic procedures, and by preventing any malpractice related to the election, and thus, it is necessary to strictly punish the act of violation. The instant crime is that the Defendant, who is the manager in charge of accounting, provided money and valuables to the reporters for the unlawful use of broadcasting, newspapers, etc., in relation to the election, who is the manager in charge of accounting.

However, considering not only the confession of the crime of this case, but also the fact that there is no record of criminal punishment for the same kind of crime, and other various sentencing conditions specified in the pleadings of this case, such as the defendant's age, character and conduct, family relationship, and circumstances after the crime, the sentence of the court below is sufficiently recognized within the scope of the appropriate punishment according to its responsibility, so it is not recognized as unfair because it is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.