The prosecutor's appeal is dismissed.

1. The sentence (300,000 won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too uneasible and unfair.

2. The crime of this case is deemed to have been destroyed by the Defendant’s key holding the 19th presidential election poster, which is a crime detrimental to the right of the elector to know, the fairness of election, and the efficiency of election management.

However, there are circumstances that can be considered favorable to the defendant, such as the fact that the defendant did not seem to have committed a crime for the purpose of obstructing a political intent or election campaign that the defendant would have an influence on the election, and that the damage of election posters is relatively minor, the defendant recognized the crime in this case and reflects the fact that there was no record of punishment due to the violation of the Public Official Election Act, and that there was no history of punishment for the violation of the Act on Election of Public Officials, and that the defendant was judged as brain 5 from October 2010 to October 2012, and was judged as brain 5, and that communication was not smooth, such as failing to respond properly to simple questions at the court of the trial.

In addition, considering all other circumstances, such as the Defendant’s age, character and conduct, environment, background and result of the crime, the circumstances after the crime, in particular, the fact that there is no change in circumstances that can be evaluated differently from the sentencing conditions of the lower court up to the depth of the party, the sentence imposed by the lower court is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.