2. The defendants' act of causing damage to the fairness of election by inserting about 340 name cards in apartment mail cannot be deemed to be less than that of the crime in this case. However, the defendant A is an initial crime; the defendant B is punished by a fine or has no criminal record of the same kind; the defendants are recognized as committing a crime (the prosecutor denies the crime, etc.). However, according to the records, the defendants acknowledged the facts charged in the court below, but it is recognized that the defendants denied the contents of the police interrogation protocol by asserting that the circumstances examined by the police are different from the facts, and considering other various circumstances revealed through the trial process, it is reasonable to deem that the defendants are divided into crimes. The defendants' act is not sufficiently recovered to order the post, and it does not seem to have a significant effect on election; the scope of sentencing recommended by the Sentencing Committee pursuant to the sentencing guidelines of the Supreme Court Decision 7 million won (2 million won) and the defendants' act in violation of the law, the circumstances surrounding the crime and the circumstances surrounding the election campaign period, and the defendants' act and the circumstances following the election campaign period are not unlawful.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.