All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s grounds of appeal 1) misunderstanding of the facts and legal principles 1) misunderstanding the fact that ① the Defendant did not recognize that giving handout and handout to F Women’s Mountain Association (hereinafter “the mountain association of this case”) was in violation of the Public Official Election Act. ② The Defendant provided handout and handout to the mountain association of this case for the purpose of promoting “M” that the Defendant operated regardless of his husband’s election regardless of his husband’s election, and thus, the Defendant did not have intention to commit the instant crime. ③ Even if his intention is acknowledged, the act of offering handout and handout to the mountain association of this case constitutes a justifiable act that falls under the ordinary act prescribed in Article 112(2)2(e) of the Public Official Election Act or that does not violate social rules, and ④ the handout and handout of goods offered by the Defendant was provided to the head office of this case for promotion, so the amount of contribution should be excluded in calculating the amount of contribution.

2) The punishment sentenced by the lower court to the Defendant (2 million won in penalty) is too unreasonable.

B. The reasoning of the prosecutor’s appeal that the court below rendered against the defendant is too unfasible and unreasonable.

2. Determination

A. Judgment on the misunderstanding of the facts and misapprehension of the legal principles of the defendant 1) Article 113 (1) of the Act on the Election of Public Officials as to the assertion that the defendant did not recognize that he violated the Public Official Election Act is prohibited from making a contribution to a member of the National Assembly, member of the local council, head of local government, representative of a political party, candidate (including a person who intends to become a candidate) and his spouse, or an institution, organization, or facility within the relevant constituency or an institution, organization, or facility, or a person who has a relation with the electoral resident, or an institution, organization or facility outside the relevant election district even if there is an election district.

Article 113(2) of the same Act provides that “any person shall commit an act referred to in paragraph 1.”