The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of three million won.

Defendant

B.

1. Summary of grounds for appeal;

A. Defendant B’s assertion of misunderstanding of facts and misapprehension of legal principles did not know the fact that the instant volunteers were not registered as election campaigners even before the election is completed. Since Defendant B did not know that the instant volunteers were not registered as election campaign workers under Article 135(3) of the Public Official Election Act, the act of giving money in terms of compensation for actual expenses after the election is completed, Defendant B’s act of giving money to the instant volunteers at the expense of compensation for actual expenses after the election is completed does not constitute a violation of the Public Official Election Act. Nevertheless, the lower court determined that the said act by Defendant B constituted a violation of the Public Official Election Act. Accordingly, the lower court erred by misapprehending of legal principles and misapprehending of legal principles that affected the conclusion of the judgment. (2) In so doing, it is unreasonable that the lower court’s judgment that the lower court sentenced Defendant B to the punishment of Defendant B (one year of imprisonment with a prison term of six

B. The Prosecutor’s sentence (Defendant A: a fine of two million won) sentenced by the lower court against the Defendants is deemed to be too uneasible and unfair.

2. Defendant B

A. An ex officio determination prosecutor instituted a public prosecution with the applicable provisions of the Public Official Election Act to Defendant B’s violation of the Public Official Election Act as “Article 230(2) and (1)4, and Article 135(3) of the Public Official Election Act.” The lower court found Defendant B guilty of the charge of violating the Public Official Election Act, and applied Articles 230(1)4 and 135(3) of the Public Official Election Act.

However, Article 230(2) of the Public Official Election Act applies to the violation of the "political party, candidate, etc." and Article 230(1) of the same Act clearly provides that the same shall apply to persons other than the "political party, candidate, etc." and the lower court is not a candidate B.