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The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (700,000 won of a fine) is too unhued and unreasonable.
2. The circumstances favorable to the Defendant are that the Defendant did not appeal direct support for a specific candidate with respect to the instant crime, and that the Defendant did not have any specific criminal record, in addition to the several fines, in addition to the previous convictions of this case.
However, although the defendant, as the chairperson of the Saemaul Movement Council C Branch Council who received contributions or subsidies from the State or local governments, has a duty to endeavor to hold fair elections in a neutral position, he/she was aware of his/her status and used his/her status to participate in the implementation of election campaign planning by the candidate of the head of the Daejeon Metropolitan City I.
In addition, the crime of this case was committed in an imminent manner on the election day and could have an impact on the election result, and the crime of this case is highly likely to affect the correct judgment or free decision-making on voting of the candidates, which are the electors. Therefore, the crime of this case should be held liable to the defendant.
In addition, in the event that the degree of violation of the election campaign method is minor (special mitigation - a case where the degree of violation of the election campaign method is minor (special mitigation - a case where a person under special mitigation - a case where a person under social status or influence is committed by using social status or influence) as a whole, it is deemed unfair that the sentence of the court below is too unreasonable.
3. Thus, the prosecutor'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 it is again after pleading.