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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.
2. The crime of this case is a serious election crime that causes damage to the fairness and transparency of the election and interferes with the free decision-making of the voters by allowing the defendant to decide on the result of the election according to the financial power rather than the policy or knowledge of the candidate, and is disadvantageous to the defendant, such as the fact that the defendant paid 892,00 won to 51 members of the D Party E-Gun council monthly election in order to G who is a preliminary candidate for the National Assembly member.
On the other hand, this case's crime is recognized and against the defendant, and in particular, around March 9, 2016, the defendant made a statement to the effect that he denies the suspicion in the initial investigation of the police at the same time, and completed the investigation, but on the same day, he finds himself as a police station that he is able to make a true statement, and makes a full confession of the crime. The defendant does not have any criminal power except that he was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act ( sound driving) around 202, since he was sentenced to a fine of KRW 70,000,00 as a crime of violation of the Road Traffic Act, and the D party did not go through the intraparty competition in the election district of the 20th National Assembly member, and thereby did not have a substantial influence on the result of the election.
In addition, considering all the conditions of sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the sentence imposed by the court below against the defendant is too uneasible and unreasonable
Therefore, the prosecutor's assertion of unfair sentencing is without merit.
3. If so, the prosecutor's appeal is without merit.