The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The punishment (fine 700,000) imposed on the defendant by the court below is too unhued and unfair.

Judgment

In the instant crime, the Defendant’s criminal liability cannot be deemed to be mitigated in that the Defendant’s act of making a contribution on behalf of a candidate who intends to take part in the election of a basic local council member, which would impair the fairness and transparency of the election, and disrupt the rational choice of the voters.

However, in full view of the following factors: (a) the Defendant committed a crime; (b) the Defendant was punished by a minor fine on one occasion for an elderly offense in around 1987; and (c) the Defendant did not have any criminal record other than the punishment for a minor fine; (b) the act of donation in this case appears to have a strong nature of the Defendant’s cooperation or support, etc. which had been customarily engaged in the exercise of a meeting at the meeting of the council of occupants’ representatives as the chairperson of the apartment council; and (c) the amount issued by the Defendant is merely KRW 200,000; and (d) other various sentencing conditions indicated in the instant case, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is not reasonable.