2. The offense of this case, where the Defendant damages the poster of the candidate for the presidential election without justifiable grounds, is an act detrimental to the elector’s right to know, the fairness of election campaign, etc., and the quality of such offense shall not be light.

However, the fact that the Defendant recognized the instant crime and reflects the mistake, the fact that the Defendant seems to have committed the instant crime by drunkly without any political intent or purpose to influence the election, appears to have led to the instant crime without any influence on the actual election result, the fact that the instant crime was deemed not to have an impact on the actual election result, and that the Defendant has no record of criminal punishment in addition to one fine, etc., are favorable to the Defendant.

In addition to this point, in full view of various circumstances, including the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.