2. The crime of this case is acknowledged as having published false facts about the other candidate with the intention of preventing the defendant, who was involved in the election of the president of the agricultural cooperative of the first time of simultaneous elections with the president of the agricultural cooperative of the Republic of Korea, from being elected. The crime of this case is not good, and the defendant has been punished once a suspended sentence due to the same election crimes of the same kind.

However, in the above election of the head of the cooperative, it seems that the other candidate was elected and the defendant's act is not likely to have a significant impact on the result of the election, and the other candidate was a new building with no interest-free and financial support from the NAC Central Association, and the defendant was partly processed the contents that were not verified based on the above statement. The defendant did not have any other circumstances that may be considered in the circumstances leading to the crime of this case, and the defendant's age, sex and behavior, environment, motive, means, and consequence of the crime of this case, and all sentencing factors specified in the argument of this case, such as the circumstances after the crime, are not deemed unfair since the sentence of the court below is too unfeasible.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 70 of the Criminal Act). However, since it is apparent that the application of the law in the judgment of the court below was omitted by this mistake after the “Article 70 of the Criminal Act” after the “Article 70 of the Criminal Act” of the detention in the workhouse, it is corrected to add it ex officio pursuant to Article 25(1)