The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of five million won) imposed by the lower court is too unhued and unreasonable.

2. The instant crime, recognized by evidence, evidence, and evidence, and legal doctrine, is a matter of providing money and goods to a competition elector on June 4, 2014 for a specific candidate in the constituency of the Dong-dong local election, and there is a need to strictly punish an act violating the Public Official Election Act in order to establish a sound election culture and establish legitimate election order. In light of the above, there is an unfavorable sentencing factor or objective and neutral sentencing factor, such as that the nature of the relevant crime is not mitigated.

However, it is difficult to view that the defendant led to the crime of this case in a planned and systematic manner, and even though it was not seized, the competition elector who received money from the defendant did not receive money from the defendant, by submitting to the commission the cash amount of KRW 500,000,000 after reporting the fact that he received cash KRW 500,000 from the defendant, and the cash amount of KRW 1,000,000 remaining after being used by the defendant, and the cash amount of KRW 40,000,000 in his possession, would not have any particular influence on the election, and there is no record of criminal punishment against the defendant, or objective and neutral sentencing factors are also recognized.

In full view of each of the above sentencing factors and Defendant’s age, character and conduct, intelligence and environment, motive and circumstances leading to the instant crime, means and consequence of the instant crime, various circumstances revealed in the arguments, including the circumstances after the commission of act, and the statutory penalty for the crime of violation of the Public Official Election Act (a imprisonment for not more than five years or a fine not exceeding ten million won) due to the act of act of act, and the scope of recommended sentence for the crime of violation of the Public Official Election Act (a fine of one million won or five million won) due to the act of act in accordance with the sentencing guidelines of the Supreme Court Sentencing Committee (a fine of one million won