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Defendant
B All appeals against the Defendant A by the Prosecutor and the Prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
(Dismissal) The sentence imposed by Defendant B (two years of suspended sentence in six months of imprisonment) by the lower court is too unreasonable.
Defendant
B In the statement of reasons for appeal (4 pages) dated December 24, 2018, U (19 of the list of offenses in the original judgment (19 of the persons who received money and valuables on February 19, 2018) stated that “one of the persons who received money and valuables on February 19, 2018) shall make a resident registration and vote at an election for the permanent resident market” at the time of the police investigation. Thus, there is a assertion that “an elector shall not be an elector” subject to the provision of money and valuables under Article 230(1)1 of the Public Official Election Act, but the above assertion is not a legitimate ground for appeal since it was stated that only the date of the first trial in the original trial should be the grounds for appeal.
Article 230(1)1 of the Act on the Election of Public Officials and the Prevention of Election Malpractice provides that "an elector who is the other party to a purchase" includes not limited to a voter who is listed on the electoral registry but also a person who is eligible to enter on the electoral registry before the preparation of the electoral registry. Even before the preparation date of the electoral registry, if the person is eligible to be the above elector in determining the elector based on various circumstances, such as the other party's resident registration status and age, it is reasonable to view "a person eligible to enter the electoral registry" as "a person eligible to enter the electoral registry" in the electoral registry, and unlike this, by limiting the meaning of "a person eligible to enter the electoral registry" only by the elector whose resident registration is registered in the electoral registry as of the preparation date of the electoral registry, with respect to the provision of money, entertainment, etc. before the preparation date of the electoral registry (see, e.g., Supreme Court Decision 2005Do245, Aug. 19, 2005).