The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentencing of the lower court (a fine of KRW 900,000) is too unhued and unreasonable.

2. The crime of this case is to participate in the planning of an election campaign by transmitting data prepared and kept by the defendant in the planning and evaluation office of the C military service to E by e-mail in order to establish D's campaign promises to be sent to the candidate of the C military service.

The Defendant’s crime constitutes a crime that harms the political neutrality of public officials and the fairness of election, and that there is room to regard the Defendant as going to the instant crime in order to benefit from personnel management in preparation for the success.

However, in light of the following facts: (a) the Defendant was working together with D at the planning and audit office of the Korea Communications Agency for a long time; (b) the Defendant was unable to immediately refuse D’s request at the time; (c) the Defendant was a passive learning to provide basic data for the establishment of a pledge; (d) despite the Defendant’s participation, there was no big difference with other candidates; and (d) the instant crime was committed in the C/Gun election, it is difficult to deem that the fairness of the election was impaired as long as the Defendant lost his public official position; (d) the first offender was the first offender; (c) all the sentencing conditions such as the Defendant’s age, character and conduct, environment, circumstances after the crime; and (d) the result of the application of the sentencing guidelines of the Sentencing Committee of the Supreme Court, the sentence imposed by the Defendant is deemed appropriate and it is not recognized that the sentence imposed by the lower court is unreasonable

[In applying sentencing guidelines, the Prosecutor applied Type 3 of illegal election campaigns [the status of a public official, 8 months of imprisonment with labor for a basic field or one year and six months] in violation of the election campaign period, but the lower court applied Category 2 (the violation of the method of election campaign, the fine of KRW 700,000 to a fine of KRW 2 million for a recommendation on the basic field).