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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s punishment (a fine of KRW 700,000) against the Defendants on the summary of the grounds of appeal is deemed to be too uneased and unreasonable.
2. The crime of this case committed by the Defendants is deemed to have contributed books written by E for E (D organization honorary president), a preliminary candidate for the F election, and the Public Official Election Act strictly limits the Defendants to the extent that there is a risk of intervening in an election where the act of donation related to election should be made fairly in accordance with the free decision-making of the voters, thereby impairing the will of the voters’ free will, and thus, it is disadvantageous to the Defendants.
However, the defendants made confession of the crime of this case from the court below to the court of the trial, and are against their depth, and the amount of contributed books is not large, and the price per right is not high, and the defendants' actions do not seem to have a significant impact on the election, and the facts that the defendants do not have any previous violation are favorable to the defendants.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, means and method of the crime, circumstances before and after the crime, recommended sentencing guidelines (a fine of KRW 500,00 or KRW 3 million), etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s assertion of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.