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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (a fine of KRW 800,000) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant entered false experiences in the name, banner, and campaign material and distributed or posted them to voters, and the candidate’s campaign material was donated to voters, and the contents of the crime are important material for the appraisal of the candidates in the election campaign climate in Korea where the candidate’s career is emphasized, and thereby distorted public opinion, thereby impairing the fairness and transparency of election, and making contributions that are strictly prohibited under the Public Official Election Act.
On the other hand, the fact that the defendant does not seem to have a significant impact on the evaluation of the defendant by ordinary people, that the defendant immediately removed the banner and inserted the position omitted in the candidate's promotional materials, etc., and that the amount of the contributed book is only one right and the price is not high, etc. are favorable to the defendant.
In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances following the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines [the original judgment of KRW 700,00 or KRW 5500,000 (the original judgment does not state the special sponser as to each crime of violating the Public Official Election Act due to the delivery of campaign material, the posting of banner, and the distribution of name cards] and judged that the case constitutes the mitigated sentence. The general sponser can not change the recommended sentence only with the general sponser, but it is not possible to change the recommended sentence. However, the phrase "the degree of false publication of facts or the degree of secret release of the candidate," which is a special sponser, constitutes the mitigated sentence area.