The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The punishment (a fine of 700,000 won) declared by the court below is too unhued and unfair.

Judgment

Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate range.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as claimed by a prosecutor, takes full account of the following factors: (a) the crime of this case was destroyed by the Defendant’s lapse on the front side of the parked vehicle, which was parked on the bicycle, by taking account of the fact that the crime of this case was committed once again; (b) the crime of this case was committed on the relevant election day; and (c) the damage of the floating vehicle affects the effectiveness of election management; and (d) the Defendant did not have any other criminal record except twice a fine; and (c) the Defendant did not have any political intent to influence the election, or a specific candidate’s election campaign.