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Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) There is no fact that Defendant A expressed his intention to provide Defendant B with KRW 100,000 per day in connection with the election campaign.
Nevertheless, the judgment of the court below which found Defendant A guilty of the facts charged of this case is erroneous and adversely affected by the conclusion of the judgment.
(2) The lower court’s sentence of unreasonable sentencing (the fine of KRW 800,000) is too unreasonable.
B. The sentence of the lower court against the Defendants by the prosecutor (the fine of KRW 800,00,000 for Defendant A, the fine of KRW 500,00 for Defendant B, the fine of KRW 800,00 for Defendant C, the fine of KRW 500,00 for Defendant D: the suspended sentence of KRW 500,0
2. Determination
A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to Defendant A’s assertion of mistake of facts, the fact that Defendant A expressed his intention to provide KRW 100,000 per day to Defendant B as an allowance for election campaign.
In the same purport, the court below was just in finding the defendant guilty of the facts charged of this case, and there was no error by misapprehending the facts as alleged in the grounds of appeal.
B. If an act of providing benefits in relation to an election campaign for determining unfair sentencing is permitted, it would be difficult to prevent an excessive election campaign by preventing the election campaign, and if benefits are provided to election campaigners, etc., the election campaign workers may engage in an excessive election campaign for the purpose of benefit, thereby making it difficult to ultimately carry out a fair election. Therefore, the Public Official Election Act strictly regulates the act of providing benefits in relation to an election campaign to prevent such act.
As stated in the judgment of the court below, Defendant A and Defendant C, the election campaign manager of the 19th National Assembly member, respectively, indicate that they will provide each of Defendant B and D with KRW 100,000 per day and KRW 70,00 per day as an allowance item for the election campaign, respectively, and Defendant B and D are each.