The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The court below's sentence (1.5 million won of fine) against the defendant in light of the gist of the grounds for appeal is unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant’s mistake is against his/her own mistake; (b) the Defendant has no particular criminal history except for punishment twice by a fine of approximately 20 years; and (c) the Defendant has no record of being punished for the same kind of crime.

On the other hand, the crime of this case is deemed to have spread text messages in violation of the election campaign method under the Public Official Election Act, and the crime of this case has been committed repeatedly at the time of gambling on the election day, and the text messages sent are not less than 60,000 items, and it is inappropriate to commit the crime in light of the fact that text messages that slander the other party are sent to many and unspecified people, and that the crime of this case is poor in terms of the fact that the defendant's act is detrimental to the legislative intent of the Public Official Election Act that strictly regulates the methods of election campaigns to ensure the fairness of election, and is likely to undermine the fairness of election by affecting the correct decision-making or judgment of the candidates.

In full view of such various circumstances as well as the defendant’s age, family relation, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the argument in the instant case, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee, the lower court’s sentence is somewhat unreasonable and unreasonable.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.