The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Punishments (fines 800,000) sentenced by the court below are too unhued and unfair.

Judgment

Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate range.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(2) In light of the aforementioned legal principles, the lower court, as otherwise alleged by the Prosecutor, fully considered the following: (a) the Defendant’s act of making an election campaign by using or performing loudspeaker systems in violation of the Public Official Election Act; and (b) the Defendant’s act of making an act of making a contribution by performing free of charge for a candidate; and (c) the nature of the offense is bad in terms of impairing the fairness of the election and the usefulness of the election management; and (d) the Defendant recognized and against each of the instant crimes; (c) the instant crime is not planned or organized; and (d) the Defendant appears to have been given an opportunity to commit the instant crime without any possibility; and (e) the Defendant is subject to a suspended sentence of imprisonment with labor or heavier punishment.