All appeals by the Defendants are dismissed.

Summary of Grounds for Appeal

The sentence (Defendant A: a fine of 1.5 million won, Defendant C: a fine of 1.0 million won) declared by the court below is too unreasonable.

Judgment

In the election of a National Assembly member, the Defendants made a contribution by providing the electorate with transportation means, etc. to participate in the ceremony of opening his election campaign office in order to be a candidate, and Defendant A carried out an election campaign in advance on a bus on which the electorate was on board.

The Defendants recognized the instant crime and reflects their mistake; transportation convenience provided by the Defendants to the electorates; the value of food was not significant; the Defendants did not have any history of punishment due to election crimes; and Defendant C was the primary offender.

However, the act of contribution contrary to the Public Official Election Act is a crime that damages the fairness and transparency of election by deciding on the result of election according to the financial ability rather than the policy or knowledge of the candidate, and it is highly likely to interfere with the free decision-making of the voters. An advance election campaign contrary to the Public Official Election Act is a crime that damages the legislative purpose of the Public Official Election Act in order to guarantee the opportunity for equal election campaign to all the public officials and to prevent excessive competition and waste due to the regularization of the election atmosphere.

Defendant

A plays a leading role in the crime of this case as the president of young men's association, and Defendant C has experience in military gathering and served as BK, so it is necessary to bear strict responsibilities for violations of the Public Official Election Act.

In addition, considering the various sentencing conditions as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the range of recommended sentences according to the sentencing guidelines, the sentence sentenced by the court below shall not be deemed to be appropriate and too unreasonable.