The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence of a fine of KRW 500,00 (the suspended sentence of a fine of KRW 500,00) imposed by the

2. It is difficult to disregard the aspect that the instant act by the Defendant was conducted in the polling station on the day of advance polling.

However, since the amendment of the Public Official Election Act, including “the prohibition of marking that might have an effect on the election day” under Article 166(3) of the Public Official Election Act, was made on the election day on January 17, 2014, the public election law, including “the advance polling station’s advance polling system,” did not adequately discuss the prohibited acts in advance polling stations, and there was no guidance by the election management employees in advance polling stations on the Defendant’s uniforms on the day of the advance polling. In addition, although the Defendant did not officially answer the opportunity for visiting the J Election Commission, it was difficult to view that the Defendant’s act in this case had an influence on the result of the election, including “the advance polling station’s voting time”, “the election day” under Article 166(3) of the Public Official Election Act, and there was no clear answer from the election commission to the effect that the Defendant had an influence on the election result, the Defendant’s motive, motive, and circumstances leading up to the Defendant’s criminal offense, etc., and the Defendant’s age, motive and circumstances leading to the criminal offense, etc.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless.