The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 800,00 is too unhued and unreasonable.

2. The judgment of the defendant committed the crime of this case without properly being aware of the provisions related to the Public Official Election Act even though he was successful in the re-election. The election campaign bulletin is not only a candidate's pledge but also a candidate's personal information, property matters, military service records, tax payment records, and criminal records, which are delivered to the electorates, and it has a significant impact on the choice of voters. Among them, criminal records are the most sensitive and important materials that evaluate that he is the candidate's human property. The defendant has obstructed the judgment of the voters by making false entries of criminal records on such election campaign bulletin against the defendant.

However, although the publicity materials of this case submitted by the defendant to the election commission omitted criminal records of the defendant's violation of the Road Traffic Act, the criminal records of the defendant's criminal records of the candidate for public office submitted by the defendant to the election commission were stated in the above criminal records, and the election commission's Internet homepage was properly announced about the criminal records of the defendant, and despite the fact that "the defendant omitted matters concerning the criminal records" was disclosed through the public notice of the polling station and the local newspapers, it seems that the publication of the false facts of this case, such as the election of the ballot lane in which the defendant is relatively surplus, did not have a significant influence on the election, is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, means and method of the crime, and various sentencing conditions as shown in the instant pleadings, such as the circumstances before and after the crime, etc., the lower court’s punishment is deemed unreasonable.