beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the court below's sentence of imprisonment for up to eight months is too unhued and unreasonable;
2. The crime of this case is determined by the defendant who is a public official of Grade V in the position of Grade V, in violation of the prohibition of election campaigns by public officials, and election campaign against his employees by taking advantage of his position.
The Defendant’s crime is an unfavorable circumstance to the Defendant, such as the fact that the Defendant is a criminal that impairs 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 to benefit from personnel management in preparation for the election to the head of Daejeon I.
However, it is difficult to view that the fairness of the election would have been impeded as long as the crime of this case would be lost due to the following facts: (a) the defendant does not directly prepare and transmit the writing supporting the H candidate; (b) the employee who received the relevant text message from the defendant is merely two employees; (c) the crime of this case was committed in the election, which resulted in the failure of the H to affect the election; (d) the details and methods of election campaigns; and (e) the size and period, etc. of the crime of this case, it is difficult to deem that the fairness of the election would have been impeded; (e) the defendant repents and reflects his mistake; (g) there was no specific criminal power other than the one-time fine of this case; (d) the defendant has no other criminal history other than the defendant's age, character and behavior, circumstances after the crime; and (e) the application of the sentencing guidelines of the Sentencing Commission by the Sentencing Committee.
The prosecutor's assertion is without merit.
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.