The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of KRW 800,00) is too unhued and unreasonable.

2. In determining whether the Defendant is a public official who is in a position that requires more political neutrality, but has announced the support of the elector against the 671 candidate, and the issue is not easy, and further, the Defendant is only liable for strict punishment against the Defendant, including the fact that the Defendant’s cell phone used for the instant crime during the investigation is discarded.

However, the following facts are considered as favorable to the defendant: (a) the confession and reflect of the crime of this case; (b) the defendant sent text messages to persons stored in his mobile phone rather than that the crime of this case was committed systematically and systematically; (c) the contents of the published text messages have already been published through the press for about five months before the last election; and (d) the fact that the defendant has no record of punishment for the same kind of crime and has faithfully served as a public official for about 17 years and six months; and (d) other circumstances shown in the arguments of this case, such as the defendant's age, character, family relation, environment, circumstance and degree of the crime, and circumstances after the crime, etc.; and (e) the recommended type [decision of types] [decision of imprisonment KRW 700,00 or KRW 2 million] [Special Election Campaign Method] established by the Sentencing Commission in consideration of the violation of the election campaign period or the unlawful election campaign within the scope of the punishment of the defendant or the punishment of the defendant is obviously unreasonable.]

Therefore, the prosecutor's above assertion is without merit.

3. Article 364(4) of the Criminal Procedure Act provides that the prosecutor’s appeal for conclusion is groundless.