The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Punishments (fines 2.5 million won) imposed on the defendant by the court below are too unhued and unfair.

Judgment

In light of the purport of the Public Official Election Act with the aim of contributing to the development of democratic politics by assaulting a victim, who is an election campaign worker, the defendant was in the process of the election campaign, and the liability for the crime is not minor, and by making the election fair in accordance with the free will of the people and democratic procedures, the fact that there is a need for strict punishment for assaulting an election campaign worker, which may undermine the fairness of the election, is disadvantageous to the defendant.

On the other hand, the circumstances are favorable to the defendant, such as the fact that the defendant fully recognized the crime and misunderstanding is divided, the degree of tangible force exercised by the defendant is not serious, the defendant appears to have committed the crime of this case in a contingent situation due to temporary stress, and the fact that the defendant has no record of criminal punishment.

In addition, the sentencing guidelines are not set for all the crimes of this case as shown in the arguments of this case, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive and background leading to the crime of this case, means and methods of committing the crime of this case, and the circumstances after committing the crime.

In full view of the above, it cannot be said that the sentence imposed by the court below against the defendant is too uneasible and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.