The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (three million won of a fine) is too unhued and unreasonable.

2. The act of donation related to the election for public office requires strict punishment as it impairs the fairness and transparency of the election and interferes with the rational choice of the voters, evidence, evidence, rules of evidence and legal principles, and the crime of this case recognized as a candidate in the election for public office is a case where the defendant provided food equivalent to 285,00 won to 16 electorates in the "D" restaurant for the F that the defendant planned to register as a candidate in the election for public office, and the crime is a case where the nature of the crime is not less complicated, or an objective and neutral sentencing factor is acknowledged.

However, it is also recognized that the favorable sentencing factor or objective and neutral sentencing factor is also acknowledged, such as the defendant's absence of criminal record, the amount contributed to the contribution act of this case is extremely not high, and the time when the contribution act of this case was made is not imminent on the election day.

In full view of the aforementioned factors of sentencing and sentencing criteria, the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to each of the instant crimes, the means and consequence of the crimes, various circumstances revealed in the pleadings, including the circumstances after the crimes, and the scope of recommending punishment according to the sentencing guidelines of the Supreme Court’s Sentencing Committee (one month to ten months of imprisonment or a fine of one million won to five million won), etc., the sentence imposed by the lower court cannot be deemed to be less than that to have to be reversed.

Therefore, the prosecutor's above assertion is without merit.

[Main grounds for the determination of the form of punishment] - Violation of the Public Official Election Act due to contribution acts: Election crimes, violation of the prohibition and restriction on contribution acts, contribution acts and criminal punishment, etc.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.