2. The preliminary competition or competition in the decision party is the basic stage for realizing representative democracy, and the crime of this case, which resulted in the risk of distort the people's will by intentional and organized involvement in the public opinion poll process agreed as one of the competition methods, is ultimately an offense that infringes on the fairness of election, and the nature of the crime is not good.

However, in light of the favorable circumstances such as the Defendants’ misunderstandings and reflects the Defendants’ mistake, and the fact that Defendant A and C do not have the history of being punished for the same kind of crime, and that the public opinion poll related to the instant crime appears to have little influence on the actual election because the counter candidate was requested by the counter party and was irrelevant to the competition for Gongcheon and was not published externally, and the actual election did not have any influence, the public opinion poll regarding the instant crime, and the Defendants’ age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too uneasible and unreasonable. Therefore, the prosecutor’s above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.