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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 800,00 is too unhued and unreasonable.
2. The Defendant: (a) donated a total of KRW 300,000 to a certain period during which the contribution was prohibited, thereby impairing the fairness of the election of the president of the cooperative; and (b) in light of the legislative purpose of the Act on Entrusted Elections by public organizations, etc., which intend to contribute to the sound development of public organizations, etc. and the development of a democratic society
However, the defendant shows the form of recognizing and reflecting the crime.
The defendant contributed relatively small amount, and the defendant did not mention or appeal support for the election of the president of the partnership while making a contribution.
On the other hand, the Defendant was subject to investigation by committing the instant crime before the election of the president of the association and became aware of the Defendant’s crime, but the Defendant was elected in the election of the president of the association.
In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the court below's punishment is too uneasy and it is difficult to deem it illegal.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.