The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of 300,000 won) declared by the lower court is too unhued and unreasonable.

2. Determination of the Public Official Election Act prohibits the distribution of documents, etc. by unlawful means during the period of restriction on election campaign. This is to prevent the harmful effects of unfair competition in election campaign and imbalances among candidates based on the principle of equal opportunity for election campaign, etc., and to prevent the occurrence of a result detrimental to the peace and fairness of election. As such, there is a need for strict punishment for such offense. The Defendant repeatedly distributes printed matters that contain the contents of opposing the preliminary candidate for the presidential election at the time when the 18th presidential election remains until the 18th presidential election day.

However, in full view of the statements from the election commission of the defendant to this court, the defendant appears to have distributed the printed matter of this case with the intention to know that he had been living in the military for about 20 years, but did not receive sufficient compensation from the State, and the purpose of distributing the printed matter of this case is to receive monthly pay and retirement pay of the defendant, and multiple government agencies, political parties, and political parties are generally discussed and stated complaints. The defendant appears to have distributed the printed matter of this case in his intention to appeal his address by taking advantage of the national interest in the election, and the intention to affect the election itself seems to have been weak, and in fact, it seems that there was no criminal history of the same kind, the defendant's mistake is recognized and contradictory, and the defendant does not do so again, and the defendant's age, character and behavior, environment, and crime of this case is committed.