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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by imprisonment for a period of eight months.
except that this shall not apply.
Reasons
Summary of Grounds for Appeal
Defendant
B and F sentence (Defendant B: Imprisonment of 8 months, Defendant F: fine of 3 million won) of the lower court is too unreasonable.
Defendant B paid 70,000 won each to K and L on March 5, 2014, not for service, but for N candidates’ election. However, the lower court erred by misapprehending the facts or by misapprehending the legal principles on contribution acts.
According to the evidence submitted on March 5, 2014, Defendant A, in collusion with Defendant B, C, etc., provided 25 electorates, such as S, with meals of an amount equivalent to KRW 972,00,00, and provided them with meals of an amount equivalent to KRW 972,00, the lower court determined that Defendant A merely assisted and abetted such acts by Defendant A.
The lower court’s sentence (Defendant A: a fine of two million won, Defendant C: a fine of five million won) against the Defendants on unreasonable sentencing is too uneasible and unreasonable.
With respect to the prosecutor's appeal against the defendant B of this part of the facts charged, no person may make a contribution on behalf of the candidate with respect to the election.
Defendant
B around 13:00 on March 5, 2014, at Q restaurant, paid 140,000 won to K who was active as a volunteer of the said N in the above N in the name of the repair cost for K and the same publishing gathering volunteers, and had K deliver KRW 70,000,000 among them to L in the vehicle back from the above restaurant on the same day.
As a result, the defendant made a contribution act for preliminary candidates N with respect to the 6th nationwide local elections.
In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the Defendant attended the Publication Commemorative Council and paid KRW 140,000 to K and L in return for providing services.