The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of two million won) imposed by the lower court is too unhued and unreasonable.

2. The crime of this case is recognized as an unfavorable sentencing factor or objective and neutral sentencing factor, such as sending a false text message on the support rate of candidates to their own persons with the intention of having them elected in the intraparty competition. The crime of this case is deemed to be an unfavorable sentencing factor or an objective and neutral sentencing factor, such as the nature and circumstances of the crime and the fact that the text message is not less than 66 persons.

However, it is also recognized that there are favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the defendant recognized the mistake of the defendant, that there is no previous difference between the defendant and the defendant, and that the Lparty members among the other party to the text messages sent by the defendant are merely seven and it seems that the actual impact on the intra-party competition was not significant.

In full view of the aforementioned factors of sentencing and sentencing criteria, the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, various circumstances revealed in the pleadings, such as the means and consequence of the instant crime, and the scope of recommending punishment according to the sentencing guidelines of the Supreme Court’s Sentencing Committee (no imprisonment with labor exceeding KRW 700,000 or KRW 3 million), the sentence imposed by the lower court cannot be deemed to be somewhat weak to the extent that it should be reversed.

Therefore, prosecutor's assertion is without merit.

[General grounds for determining the form of punishment] - The violation of the Public Official Election Act: Election crime group, the publication of false facts, the prevention of candidates, the second category (the publication of false facts related to the intraparty competition), the publication of false facts related to the intraparty competition for the purpose of election, the serious

3. 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.