Defendant

All appeals filed by A and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s sentence (10 months of imprisonment, one year of suspended execution, and 40 hours of community service) against Defendant A (unfair sentencing) is too unreasonable.

B. According to the evidence of misunderstanding the facts (not guilty part against Defendant A, B, D, and E), Defendant D and E participate in the attendance at or outside the election office from October to November 2015, 2015, and commenced work, Defendant A and B paid monthly pay to persons related to the election office, Defendant A and B paid monthly pay to the persons related to the election office, and CT who attend the election office at a similar time as Defendant E was paid monthly pay to police officers up to December 2015.

Comprehensively taking account of these circumstances, the fact that Defendant D, E, from November 2015 to December 2015, the Defendants received KRW 2 million, and KRW 1.8 million among the aforementioned Defendants as a monthly salary for having worked as a policeman from November 2015 to December 2015.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous.

2) misunderstanding of facts, misunderstanding of legal principles (the part on Defendant F) divided Defendant B and Defendant F’s talk about election affairs from around September 2015, and Defendant F paid a large amount of money compared to the intensity of the duties of the KIN’s work. As such, Defendant F was fully aware of the fact that the monthly wage paid to himself/herself includes money and other valuables related to election campaign.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misunderstanding of facts and legal principles.

3) The lower court’s sentence (Defendant A, B, and E) against Defendant A, B, and E (Defendant A, Defendant B, and Defendant B: imprisonment with prison labor for one year, 2 years of suspended execution, community service, 40 hours, confiscation, additional collection, and 300,000 won) is too uneased and unfair.

2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. Violation of the Public Official Election Act against Defendant D