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All of the appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (public prosecutor) is unreasonable because the sentence of the court below [the suspended sentence (the suspended sentence: the fine of 500,000 won) and the fine of 700,000 won: the defendant B] is too unhued.
2. The crime of this case was committed by the Defendants in violation of the methods of election campaigns under the Public Official Election Act applied mutatis mutandis by the Local Education Autonomy Act and distributed 50 boxes of name cards that contain the names of preliminary candidates for the Busan Metropolitan City Superintendent of the Office of Education, Busan Metropolitan City Superintendent of the Office of Education and Preliminary candidates. Such acts are disadvantageous to the Defendants on the grounds that they are likely to undermine the legislative intent of the Public Official Election Act to establish a transparent and fair election campaign culture, and that they are likely to undermine the fairness of election by affecting the right decision-making
However, in full view of the following factors: (a) the Defendants committed the instant crime and committed the instant crime in depth; (b) the commission of the instant crime appears to have a significant impact on the election; (c) Defendant A was unable to properly understand the relevant provisions of the Public Official Election Act; (d) the commission of the instant crime appears to have committed the instant crime; (b) the degree of the commission of the crime was minor compared to Defendant B; (c) Defendant A did not have any other criminal history other than being sentenced to a fine once due to fraud; and (d) Defendant B did not have any criminal history; and (c) other various sentencing conditions such as the Defendants’ age, character and behavior, environment, the background of the instant crime, and the circumstances after the crime, etc., it is not recognized that the
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.