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All appeals by the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
Comprehensively taking account of the following: (a) the fact that the Defendant recognized the Defendant’s crime and reflects; (b) the Defendant must support a young child whose health is not good; (c) the registration of the real estate agent of the Defendant might be revoked if the Defendant’s sentence becomes final and conclusive due to the Defendant’s instant crime; (d) the Defendant did not have the same criminal record; (b) the Defendant’s instant crime did not affect the result of the election; and (c) the Defendant did not attempted to conceal the Defendant’s crime, the sentence of imprisonment (a prison term of two years suspended for October, and a community service order of 120 hours) is too unreasonable
Defendant
B Of the facts charged against the defendant in mistake of facts and misapprehension of legal principles, with regard to the purchase of the defendant D and inducement of understanding, the defendant paid KRW 2 million in return for the defendant's handful from May 2018 to June 13, 2018 during the election campaign period.
Therefore, even though the defendant did not provide money or goods to the defendant D in connection with the election campaign, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in misunderstanding of facts
In full view of the following facts: (a) the Defendant recognized most of the crimes of unfair sentencing; (b) the Defendant partially delivered cash to voters is merely an indication of audit and inspection by taking into account the local community’s personality in the process of resisting the support of the Defendant’s spouse, the Defendant’s spouse; (c) the Defendant’s money and valuables provided by the Defendant was a small amount and did not affect the election result; (d) the Defendant’s planned and systematic provision of money and valuables to the electorate; and (e) the Defendant’s spouse might not be able to maintain the intended position due to the Defendant’s instant crime, the lower court’s imprisonment (a one year suspended execution for imprisonment, 2 years, and 160 hours community service order)