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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (a fine of three million won) is too unreasonable.
B. The sentence imposed by the Prosecutor is too unhued and unreasonable.
2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized that all the instant crimes were committed, and the mistake is divided; the number of the name cards that the Defendant distributed by the instant crime is not large; the Defendant resigned from the preliminary candidate for a National Assembly member after the instant crime and the actual crime of this case does not affect the result of the election; and the Defendant appears to have made many efforts for the development of the region.
However, in the crime of this case, the act of making contributions to the election of this case, rather than the quality, knowledge and policy of the candidate, undermines the fairness of the election by distorted free will, and thus impairing the fairness of the election. The act of distributing the name by unlawful means, as it is highly likely to interfere with fair competition among the candidates, encourage the heating of the election, and hinder the settlement of a clean and clear election culture, it is necessary to strictize such act of violation of the Public Official Election Act. The defendant distributed the name continuously even after he received warning measures from the competent election commission on October 23, 2015, and finally becomes final and conclusive, the defendant's right and eligibility for election are limited for a certain period, and the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, etc., the method and method of the crime, and the sentencing guidelines of the Sentencing Committee, etc., and it does not seem that the court below's punishment is too heavy or discretionary, considering the whole sentencing conditions of Article 51 of the Criminal Act and the sentencing guidelines after the crime.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are in accordance with Article 364(4) of the Criminal Procedure Act.