The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below, which sentenced a fine of 1.5 million won to the defendant, is too unfortunate and unfair.

Judgment

The crime of this case is against the Public Official Election Act and the Political Funds Act for fair and transparent elections by receiving and disbursing political funds related to election expenses, even though the amount limited to election expenses notified by the defendant exceeds 11,962,718 won, and is not in charge of accounting, and the nature of the crime is not somewhat weak.

These points are disadvantageous to the defendant.

The defendant recognizes a crime and reflects his wrongness.

The defendant is the first offender.

The Defendant appears to have committed the instant crime because he did not know of the laws and regulations on election expenses as a person who first participated in the election.

The Defendant was absent from the election and the crime of this case seems to have no particular influence on the election.

These points are favorable to the defendant.

As above, considering comprehensively the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime and consequence, as well as the circumstances favorable to the Defendant, it cannot be deemed that the lower court’s sentence is too unreasonable to the extent that it is deemed that the Defendant’s sentence exceeded the reasonable scope of discretion.

Therefore, the prosecutor's argument of unfair sentencing cannot be accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.