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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. As to the summary of the grounds for appeal (eight months of imprisonment), the prosecutor asserts that the sentence is unhued and unreasonable, and the defendant asserts that the sentence is unreasonable.
2. We also examine the judgment prosecutor and the defendant's arguments.
The crime of this case was committed by the Defendant in violation of laws and subordinate statutes to offer money and valuables. This is an act that is not the highest quality of election crimes, and it is necessary to strictly punish and eradicate it as an act that seriously undermines the fairness of election. The above crime in the election of the head of Q cooperative is likely to have a big impact on the result of election because the number of electors is not large, and it damages the trust in Q business as well as the fairness of election itself, and thus, it is highly likely to be criticized, and the number of crimes committed by the Defendant and the amount of money provided are not small.
However, considering the favorable circumstances such as the confession of all the crimes of this case and the detention of the defendant for a considerable period of time in this case, the defendant's crime of this case was revealed to have been committed before election, the detection of the crime of this case does not affect the result of election, the equity of sentencing with the same similar case, the defendant's age, character, environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, and all of the sentencing conditions in the records and arguments of this case, such as the records and arguments of this case, it is unreasonable to view that the punishment of this case is unfair.
3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
this Court recognizes the substance of the evidence and the summary thereof.