The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered against the defendant (one million won in penalty) is too unhued and unfair.

2. The instant crime was committed on the part of the Defendant, who was unable to carry out an election campaign, but was committed on April 12, 2017 by a preliminary candidate I for a special election of the GGun Council member that was enforced on April 12, 2017. At the same time, an election campaign was conducted to make a contribution of KRW 200,000,000 at the same time, and the nature of such crime was bad, and the Defendant caused the risk of undermining the fairness and transparency of the election by hindering fair and reasonable judgment on the candidates for election by committing such crime. The instant crime was committed at the remaining time after the election day of the substitute.

Meanwhile, prior to the instant crime, it seems that the Defendant actually supported meal expenses in a village event that had been regularly conducted prior to the instant crime, the Defendant’s contribution amount is difficult to view as a large amount; I’s failure in the said special election; resulting in the instant crime that did not affect the election; and the Defendant’s primary crime that had no record of criminal punishment is favorable to the Defendant.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 벌금 5만 원 ~ 1,000만 원 ◈ 양형기준의 적용 기부행위제한 위반으로 인한 공직 선거법 위반죄 [ 유형의 결정] 선거 > 기부행위 금지 ㆍ 제한 위반 > 제 1 유형( 기부행위) [ 특별 양형 인자] 없음 [ 권고 영역 및 권고 형의 범위] 기본영역, 벌금 100만 원 ~ 500만 원 선거운동금지 위반으로 인한 공직 선거법 위반죄 [ 유형의 결정] 선거 > 선거운동기간 위반 ㆍ 부정선거운동 >...