The judgment of the court below is reversed.

Defendant shall be punished by a fine of 5 million won.

If the above fine is not paid.

Summary of Grounds for Appeal

It is unfair that the sentence of a judgment in the first instance (2 million won of a fine) is too unreasonable.

Judgment

The Defendant provided money and valuables to the representative of a volunteer organization with considerable influence on the electors in order to assist the winning of the H/Gun candidate I, and such act is likely to distort the total will of electors and hinder the establishment of a fair election culture, which is the foundation of democratic politics, by inducing electors to vote for reasons other than the quality or ability of candidates.

Accordingly, considering the favorable circumstances such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., when examining various sentencing conditions such as the Defendant’s age, character and behavior, motive for the crime, means and consequence, the Defendant’s mistake in the court, there is no past record of criminal punishment, and the fact that the Defendant actively engages in donation activities in the community, the sentence imposed by the court below is too unreasonable.

However, considering the favorable circumstances as seen earlier, the types of punishment shall be maintained as it is without fine.

As the appeal by the prosecutor is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Since the facts constituting an offense and the summary of evidence are the same as each corresponding column of the original judgment, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) 1 of the Public Official Election Act and Articles 115 of the same Act concerning criminal facts and the selection of punishment;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.