The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to have transmitted text messages to many people for the purpose of preventing the Defendant from winning a specific candidate in connection with the election of a National Assembly member. In light of the contents and methods of the crime and the fact that the act of slandering the candidate related to the election is likely to impair the fairness of the election and disrupt the free decision-making of the voters, and thus, the nature of the crime and the crime are not easy.

On the other hand, the crime of this case is not by the defendant's writing text messages, but by sending text messages from E as they are.

The defendant is guilty of committing a crime, and is against his wrongness, and has no previous conviction exceeding the same kind of crime or fine.

In full view of all such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and the level of punishment against E, the sentence imposed by the lower court on the Defendant appears to fall under the scope of appropriate sentence corresponding to its liability, and it is not determined that the sentence is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

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.