The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 900,000) is unreasonable as it is excessively unfilled.

2. Determination

A. The lower court, under the unfavorable circumstances against the Defendant, took into account the following: (a) the instant crime did not go through a person in charge of accounting; (b) paid allowances in excess of the allowances prescribed by the Public Official Election Act and subordinate statutes to impair the transparency and fairness of election; and (c) the Defendant partially denied the instant crime and did not reflect the mistake; and (d) the Defendant had the record of being sentenced to suspended sentence for the instant crime.

In addition, the court below took into account the fact that the excess money paid by the defendant is not more than 690,000 won in total, and the defendant has no same power.

In addition, the lower court sentenced the Defendant to the punishment, taking into account the aforementioned various circumstances, the Defendant’s age, sex, occupation, family relationship, motive, means and consequence of the commission of the crime, and all the circumstances that conditions for sentencing, including circumstances after the commission of the crime.

B. Such sentencing of the lower court appears to have taken into account all the circumstances related to sentencing as shown in the proceedings of the instant case, and the circumstances alleged by the prosecutor in the trial are sufficiently considered in the lower court’s determination of punishment in advance.

Rather, the Defendant appears to have failed to have an influence on the result of the election, and there is no change in special circumstances to change the sentencing of the lower court, and it is reasonable to respect the sentencing of the lower court.

The prosecutor's improper argument in sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.