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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal that the court below rendered is too unfilled and unreasonable.
2. The judgment of the court below is that the defendant, since the court below, committed the crime of this case, and there is no excessive amount of KRW 100,000,000,000,000,000, which was revealed, since the number of the crime of this case was conducted on June 4, 2014, the defendant went out from the 6th local election of Dong-gun, which was conducted on June 4, 2014, but it did not have any influence on the result of the election of this case, and there is no other favorable sentencing or objective and neutral sentencing factors, such as the fact that there was no other criminal power, other than a fine of KRW 2,00,000,00,000, which was imposed
However, it is widely accepted that the election act should be fair in accordance with the free decision-making of the voters, and that there is a wide need to be strict as a serious crime that seriously undermines the legitimacy of the election system, which is the foundation of democracy, and among these, the crime of this case is committed by the defendant himself, who is the candidate, by delivering 10,000 won in cash to the electorates immediately after the delivery, and the case is serious; the time of the act of donation is excessive; the nature of the crime and the circumstances of the crime are poor because the time of the act of donation is imminent from the election day to one week before the election day; and the defendant's act was completely denied after the election commission was discovered to the election commission, and there is also an unfavorable and neutral factor of sentencing, such as the fact that the situation after the crime was committed by the defendant, which was the basis of democracy, was not positive.
The above sentencing factors and the statutory penalty for the crime of violation of the Public Official Election Act (a imprisonment for not more than five years, or a fine not exceeding ten million won), the defendant's age, character and conduct, intelligence and environment, motive and circumstance leading to the crime of this case, and the means and consequence of the crime.