Defendant

All appeals by prosecutors are dismissed.

The summary of the grounds for appeal (e.g., 50,000 won) of the lower court’s sentencing (e.g., 50,000 won)

(1) On the contrary, the above sentencing is too unfortunate and unfair.

(A) Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

The court below takes into account the following factors: (a) the Defendant’s favorable circumstances favorable to the Defendant reflects the Defendant’s mistake; (b) the Defendant appears to have committed the instant crime by contingently and appears to have no political intent or purpose to influence the election; and (c) the fact that the instant crime was committed under unfavorable circumstances that it would impair the elector’s right to know and the utility of election management; and (d) the Defendant had a record of having been punished several times due to property damage, damage to public property, etc.; and (e) other pleadings, such as the Defendant’s age, character and conduct, motive and background of the crime, means and consequence of the crime;