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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 (one million won of a fine) is too unhued and unreasonable.
2. The instant crime is a serious crime that lacks the public confidence in the fairness of the primary election procedure and damages the fundamental value of representative democracy and proportional representation system, and is disadvantageous to the fact that the nature of the instant crime is grave.
However, as a result, I supported by the defendant is not elected as a member of the National Assembly; the defendant is merely a mere party member who is not a party executive member or a core personnel, and there are no circumstances to deem that the defendant committed the crime of this case to gain or obtain personal benefits; the party member who cast a proxy vote is his spouse, a person who is not a party member, and two persons are involved; there are no records of punishment for the same crime; there are no records of punishment other than punishment for a fine due to drinking driving for the last ten years; and there are no records of punishment other than punishment for the crime of this case; since D political parties have failed to sufficiently prepare technical measures to prevent proxy voting while building the online election system, it appears to be a reason for the crime of this case; the favorable circumstances, age, character, environment, the circumstances and result of the crime of this case; and the circumstances after the crime of this case, etc., the prosecutor's assertion is without merit. Thus, it is not justified.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.