The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (one million won of a fine) is too unhued and unreasonable.

2. Determination

A. The crime of this case is that the defendant removed campaign posters, etc. on the election of public officials and the superintendent of education, election campaign posters, etc. in the name of the election commission, in hand, at the time when the defendant took the sixth nationwide local election without any specific reason, and the nature of the crime of this case is not weak in light of the specific contents and circumstances of the crime

This act is necessary to eradicate it strictly in that it infringes on the right of voters to know and interferes with the fair and strict election management affairs of the election commission.

However, there are circumstances to be considered in sentencing.

The defendant does not commit a crime with a political intention or purpose, such as supporting a specific candidate or political party.

It is difficult to view that crimes have a significant impact on the election result.

The defendants recognize the crimes and repent their mistakes.

There is no record of punishment for the same crime.

In full view of all the sentencing conditions in the instant case including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s sentencing cannot be deemed as being excessively unjustifiable compared to the Defendant’s degree of responsibility.

B. Therefore, 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 on the ground that it is without merit. It is so decided as per Disposition.