Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (public prosecutor) of the lower court’s punishment (a fine of 500,000 won) is too unhued and unreasonable.
2. The crime of this case in the 18th presidential election, on the ground that the defendant opened the above poster and removed it by reason that the poster for public relations of the presidential candidate was attached to the wall of the business shop that he helps him, and the crime of this case is not negligible in that it is contrary to the ideology of the Public Official Election Act in order to contribute to the development of democratic politics by having the election carried out fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to the election.
However, considering the fact that the defendant divided his mistake and surrenders himself, that the defendant seems to have no intention to support a specific candidate or to interfere with election campaigns, that there is no significant influence on the result of the election as a result of the crime of this case, that there is no special criminal punishment against the defendant, and that there is no other criminal punishment against the defendant, and that the conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence of the court below is too unreasonable, and therefore, the prosecutor's above assertion
3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.