The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentencing of the court below (the sentencing of the defendant A: the fine of 2 million won, the defendant F, and G): each fine of 3 million won is too unhued and unfair.

Judgment

The Public Official Election Act strictly limits the act of receiving money or goods related to election campaign in order to ensure that the election is held fairly in accordance with the free will of the people and democratic procedures, and to prevent the excessive and mixed election due to the presidential election.

Defendant

G, F paid 9.10,00 won each (=13 days x 70,00 won) in return for volunteer service between 13 days in relation to the election campaign to volunteers B, C, D, and E who are not registered as election campaign workers (=4 members x 9.10,00 won).

Defendant A, who is an election campaign manager, paid KRW 910,00 won (=13 days x 70,00 won) in return for volunteer service between 13 days in connection with the election campaign to V, who is a volunteer who is not registered as an election campaign manager.

In light of the above legislative purpose of the Public Official Election Act, the Defendants’ liability for the crime cannot be deemed to be light.

However, there are favorable circumstances for the defendants to determine the sentencing as follows.

① Defendant F did not have any criminal record prior to the instant case; Defendant G did not have any same criminal record; Defendant G did not have any criminal record prior to the instant case, and Defendant A was only subject to a minor fine and did not have any criminal record prior to the suspension of execution.

② The Defendants appears to have provided only minor money, goods, etc. to volunteers who have not been registered as election campaign workers in terms of actual cost compensation for election campaign, and such acts are relatively likely to be subject to criticism compared to so-called “switching” in offering money and goods to electors and buying tickets.

③ In particular, Defendant A’s crime of this case is based on the affirmative demand of V participating as volunteers, and is provided at the time two or more weeks have elapsed from the election day.