The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is to recognize only the part where the Defendant was involved in the instant crime and some of his accomplices among the instant crimes, and it is unreasonable to view that the lower court’s punishment (ten months of imprisonment and two years of suspended sentence) is too uncompeted, in light of the following: (a) the Defendant did not confession the entire crime; (b) the Defendant escaped with P for one year immediately after the commencement of the investigation by an investigative agency, along with P, and cannot be viewed as going against the investigation by failing to cooperate in the investigation; and

2. The Defendant, in collusion with the persons related to the H G candidate election campaign office and the persons related to the telephone campaign company, mobilized 79 telephone campaign workers who were not registered as election campaign workers to have the voters carry out the telephone campaign campaign, and provided them with money and valuables worth KRW 45 million in total.

The defendant's crime is not a crime that impairs the purpose of legislation of the Public Official Election Act in order to realize a clean election that requires money and realize the fairness of election by prohibiting the payment of money or other valuables related to election campaign, in addition to allowances and actual expenses prescribed in the Public Official Election Act.

In addition, in light of the fact that an election campaign is carried out in a systematic and planned manner in the election campaign office and the amount of illegal allowances provided in consideration of the fact that the Defendant takes charge of the duties of the head of the election campaign team in the organization room and directly pays allowances to telephone campaign workers by taking charge of the duties of the head of the election campaign team in the election campaign office, etc., the degree of participation in the crime is relatively significant, and the circumstances after the crime are committed, such as the escape when the investigation into the Defendant and his accomplice was conducted, it is difficult to hold the Defendant liable corresponding thereto.

However, when the defendant lives in custody for more than two months, he or she repents his or her wrong mistake and reflects his or her wrong mistake, and there is no criminal history of the same kind of crime against the defendant.