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All appeals by the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
The sentence imposed by the court below on the defendants (the fine of KRW 1.5 million for the defendant A, the fine of KRW 900,000 for the defendant B) is excessively unreasonable.
Judgment
Defendant
A is the winner of the 6th nationwide City/Do local election council members, and Defendant B is the person who acted as the accountant in charge of the Defendant A prior to the instant crime and provided meals to the electorate in collusion. This act is very harmful to the public interest in that it is highly likely that the electors might distort the total will of the electors by inducing the voters to vote in return for money and valuables provided, not by the candidate's quality or ability.
Although there are not more than nine electorates attending the meal place, the amount provided by the Defendants is not more than 123,230 won in total, and Defendant A elected due to a significant difference in table. However, the crime of this case was committed on the election day, Defendant B paid the meal cost, but it can be seen that Defendant A paid the cost in light of the relationship with Defendant A, even though Defendant A paid the meal cost. In particular, Defendant A regularly led the defectiveer in the registration of the candidate for military council members by planning a meal meeting and requested the electorate to contact the electorate for an illegal election campaign on the first day of the registration of the candidate, which led to the demand of the times of fair election from the first day of the registration of the candidate. In full view of all the sentencing conditions revealed in the arguments, such as the Defendants’ age, character and conduct, motive, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence imposed by the lower court is excessively unreasonable.
In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.