The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant .

1. The appellate court’s sentence against the Defendants in summary of the grounds for appeal (a fine of two million won is imposed on Defendant A, Defendant B: a fine of one million won is imposed on the Defendants) is too unhued and unreasonable.

2. Determination

A. Defendant A did not have any criminal record against the Defendant, and the Defendant committed a crime while recognizing the error, and the Defendant provided campaign workers with a small amount of cash not specified in the Public Official Election Act, and recovered it within a short time, and the instant crime does not seem to have a significant impact on the result of the election, etc., are conditions for sentencing favorable to Defendant A.

However, the crime of this case is an offense that infringes on the basis of fair election by violating the Public Official Election Act and the Political Funds Act that prohibits persons engaged in election affairs from providing money, goods, and other benefits to prevent any imbalance caused by excessive election campaign and economic gap among candidates, and thus seriously punishing them regardless of the name and reason thereof. The crime of this case is deemed to be appropriate in light of the legislative intent of Article 265 of the Public Official Election Act that grants joint liability to candidates on the basis of the actual status and role of a spouse who forms an indivisible community for election campaign and prepares an indivisible community for activities in accordance with the election situation (see, e.g., Constitutional Court Order 201Hun-Ma68, Sept. 29, 201). In this case, it appears that it is reasonable to invalidate the election of F, who is the spouse of the defendant, in accordance with the sentencing guidelines of the Supreme Court Decision 200Hun-Ma68, Sept. 29, 201).