The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: The penalty imposed by the court below (the fine of 500,000 won) is too unhued and unreasonable.

2. The purpose of the Public Official Election Act is to contribute to the development of democratic politics by ensuring that elections are held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to elections.

(See Article 1 of the Public Official Election Act). This Act provides that no act of installing, displaying, or posting facilities, such as banner, shall be conducted in order to influence an election for a certain period of time prior to the election day. This is to maintain fairness in the election and to prevent the excessive or congested atmosphere of election campaigns.

The crime of this case is a case where the Defendant posted a banner stating the name of a specific person who is a candidate for a National Assembly member at the time when he left the 20th National Assembly member election day, and demands the investigation of suspicions of receiving illegal political funds in front of the Dock that many people travel, and considering the contents of the banner, the place and time of posting the banner, the circumstances at the time of posting, the number of persons gathered at the site, etc., it seems that the purpose of the Public Official Election Act to maintain the fairness of election procedures is damaged and that there is a considerable risk of affecting the correct decision-making of the candidates of the

Meanwhile, during the media, the Defendant, as a representative of N, posted the instant banner with the primary purpose of emphasizing the intent of the press conference in the process of responding to articles on the suspicions of accepting illegal political funds of the said candidate and urging strict and prompt investigations into such articles, and there are some circumstances to take into account the circumstances leading up to the instant crime, and the instant crime appears to have little influence on the actual election result.