2. The crime of this case is not likely to cause the Defendant to make a false report unfavorable to the other party by actively manipulating false text messages with the aim of pro-enemy press reports at the time of the occurrence of the media reports unfavorable to the candidate of the National Assembly member, and thus inducing the other party to fall.

In addition, considering the fact that such false information has been widely disseminated through media news and SNS three days before the election day, and that the defendant goes beyond the responsibility of I until the defendant's statement and other circumstances are clarified in the investigation process, it is necessary to punish the defendant strictly.

However, in light of the fact that the defendant recognized all of the crimes and is against his mistake, the defendant already living in custody for three months in this case, the defendant has no criminal record for the same kind of crime, the result of the public opinion poll, and the actual rate of votes obtained, etc., the crime of this case seems not to have a decisive influence on the result of the election, and the defendant's age, family relation, personality and behavior, environment, motive and circumstance of the crime, means and method of the crime, and all kinds of sentencing conditions including the defendant's age, family relation, character and conduct, means and method of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable. Thus, the above assertion by the defendant

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.