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Defendant
A and the prosecutor’s appeal against the Defendants are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to Defendant A (six months of imprisonment and two years of suspended sentence) is too unreasonable.
B. The Prosecutor’s sentence sentenced by the lower court to the Defendants (Defendant B: a fine of two million won) is deemed to be too uneasible and unfair.
2. The instant crime of determining the illegality of sentencing against Defendant A and the Prosecutor is that Defendant A provided money to Defendant A, a partner, and Defendant B for the purpose of conducting an election campaign. In light of the legislative purpose of the Act on Entrusted Election and the election of president of a local union, such as public organizations, etc. that intend to contribute to the sound development of the above public organizations, etc. and the development of a democratic society by ensuring that elections by public organizations, etc. are carried out clean and fair, the act of offering money and valuables to the elector is likely to have a significant impact on the result of the election, and the amount of money provided by Defendant A is not much significant. In light of the fact that the act of offering money and valuables to the elector is likely to have a significant impact on the election.
However, Defendant A appears to have an opportunity to reflect the instant crime through a prison life exceeding one month, and when a suspended sentence of imprisonment is finalized, Defendant A’s election becomes null and void and lose his position.
In addition, Defendant A did not have any history of crime except that sentenced to a fine on several occasions before 2001 due to a crime of dual offense, and it seems that Defendant A has contributed significantly to the partnership as the head of the association after being elected as the head of the association, and members of the association and local residents of the association of this case want to take a preference to Defendant A.
In addition, in full view of the various circumstances, including Defendant A’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, the sentence of the lower court was imposed.