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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The judgment of the court below against the defendants in the summary of the grounds for appeal (the defendant A: the fine of KRW 800,000, the fine of KRW 2 million) is too unhued and unreasonable.
2. Determination
A. The Defendant, who was a member of the G Council, provided two members, such as R, etc., of the Village Women’s Women’s Association in violation of the Public Official Election Act prohibiting the strict provision of money and valuables to Defendant A, and made a contribution amounting to KRW 105,00 in total, 15,000.
Such election crimes are not easy in that they violate the fairness of election by distorted the elector's free will due to unfair economic benefits, etc., and are likely to have the result of election depending on the ability rather than the quality, knowledge, and policy of the candidate.
However, in full view of the following: (a) the Defendant’s rash and reflects his rash behavior; (b) the degree of pecuniary advantage provided by the Defendant is relatively minor; and (c) the crime of this case is committed at around six months or three months away from the election day and seems to have a relatively little influence on the election result; (b) the crime of this case is hard to evaluate that the fairness and transparency of the election are damaged to the extent that the Defendant is sentenced to the invalidation of election; (c) the Defendant has no criminal records of the same kind; (d) the Defendant’s age, character and behavior, environment, motive or circumstance of the crime; and (e) the application of the sentencing guidelines set by the Sentencing Commission of the Supreme Court, including the Defendant’s age, character and behavior; and the motive or circumstance after the crime; and (e) the application of the sentencing guidelines set by the Sentencing Commission.
B. The instant crime against Defendant B is committed by a person who wishes to be a candidate for the F Council member, the Defendant, a spouse of A, was the members of the Village Women’s Association.