2. The crime of this case recognized by evidence, evidence-based rules, and legal principles is recognized as an unfavorable sentencing factor or objective and neutral sentencing factor in light of the legislative intent of the Public Official Election Act, which protects the elector’s right to know, the fairness or freedom of election, and the usefulness of legitimate election management.

However, there is also a favorable sentencing factor or objective and neutral sentencing factor, such as the fact that the defendant repents and reflects his mistake, the defendant committed each of the crimes in this case by force under the influence of alcohol, and the political intent or purpose of having no effect on the election in the crime of violating the Public Official Election Act is deemed to have not existed in the crime of violating the Public Official Election Act. The defendant is also recognized as a favorable sentencing factor or objective and neutral sentencing factor, such as the fact that he has no criminal record, in addition to punishment

In full view of the aforementioned factors of sentencing and the statutory punishment for the crime of violation of the Public Official Election Act (a imprisonment for not more than two years, or a fine not exceeding four million won), the Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to the instant crime, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be less than that to be reversed.

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