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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (a fine of five million won) is too unreasonable.
B. The sentence imposed by the Prosecutor is too unhued and unreasonable.
2. The fact that the defendant recognized the crime of this case for the reason that he was in the judgment of the court, and divided the mistake, that the defendant has no record of punishment exceeding the same criminal power and fine, and that the defendant posted a Bande where the person supporting C was gathered only once, is favorable to the defendant.
However, in light of the purpose of the Public Official Election Act to ensure the free and democratic expression of opinion and the fairness of election of the people in order to establish a desirable election culture and realize democratic politics, there is a need to punish a criminal for an election crime. The act of publishing false information for the purpose of election or defeat of election of the candidate for an election of public office distorted public opinion, leading to the wrong choice of the voters, thereby impairing the fairness and transparency of election, which is disadvantageous to the defendant, and the court below sentenced a punishment within the lower limit of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, taking into account all favorable circumstances in favor of the defendant, and other factors such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.
Therefore, the defendant and the prosecutor's argument are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.