The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (1.5 million won) is too unhued and unfair.

Judgment

In this case, the defendant cast two voters in electronic voting to elect a specific candidate at the time of the election of the candidate for proportional representation of the 19th National Assembly member of the Cparty 19. The defendant's act is a serious crime of putting the trust of the general public, and impairing the fundamental value of representative democracy and proportional representation system.

However, in light of the following circumstances: (a) the Defendant’s mistake is recognized and divided; (b) the case of voting by proxy for H was voted to G with the request of H, the health of which is not good; (c) C political party established an election system related to the instant competition; (d) failed to fully prepare technical measures to prevent proxy voting; (e) whether to allow proxy voting in attempting electronic democracy; and (e) there was an aspect of the Defendant’s criminal act in the situation where precedents regarding the permissible range of permission were unclear; and (e) the act of proxy voting was not connected with financial gain; and (e) there were other circumstances to consider such as the degree of involvement in the Defendant’s criminal act; and (e) the number of proxy voting acts, the number of times of participation, age, character and conduct, environment, motive and consequence of the crime; and (e) all the sentencing conditions such as the circumstances after the crime, it is not recognized that the Defendant’s punishment against

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.