All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendants (Defendant A: imprisonment with prison labor for April, year of suspended execution, etc., Defendant B: fine of one million won) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. The crime of this case regarding Defendant A and Prosecutor’s assertion is an unfavorable circumstance to Defendant A, where Defendant A received KRW 7 million from Defendant B with illegal solicitation by taking advantage of the fact that Defendant A is in the position of an examiner of the National Assembly N division of MN, and the nature of the crime is not good, and Defendant A actively demanded and received money to Defendant B.

On the other hand, Defendant A has no record of criminal punishment prior to the age of 68 years, the fact that Defendant A recognized the crime of this case and reflects the mistake, and that many club fees and third parties appeal Defendant A’s preference against Defendant A, are favorable to the circumstances that are favorable to Defendant A.

In full view of the above circumstances and other factors of the instant crime, such as Defendant A’s character, conduct, environment, and career, as seen above, the lower court’s punishment against Defendant A is too heavy or is deemed unreasonable because it is too heavy, and thus, the allegation by Defendant A and the prosecutor is without merit.

B. As to the Defendant B’s assertion, Defendant B has no record of criminal punishment for the same kind of crime before; the recognition of the crime of this case and reflects the mistake; the purpose of solicitation has not been achieved by escaping from a tugboat; and the support for minor children is being supported by negligence after divorce, etc. are favorable to Defendant B.

On the other hand, the crime of this case is a case where Defendant B granted KRW 7 million to Defendant A along with the illegal solicitation of passing through tugboats for the passage of tugboats, and the crime of this case is not easy.