Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (one million won per punishment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime was committed by the Defendant under the name of an organization whose election campaign is prohibited under the Act on the Election of Public Officials.

An election campaign in the name of an organization is highly likely to obstruct the decision-making of free and rational elections of the members of the organization and undermine the fairness of the election, and the defendant has opened a briefing session with the content that slanders a specific candidate and supports other candidates by planning the crime in advance. However, the election campaign using the press is not highly likely to affect the general public, and the fact that the defendant did not gather the opinions of the members of the organization as to support and opposition to a specific candidate is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized and reflected the crime, the crime of this case seems to have no particular influence on the result of the 19th presidential election implemented on May 9, 2017, and the fact that the defendant has no record of punishment for the crime is favorable to the defendant.

Considering the above circumstances and other various sentencing conditions, such as the Defendant’s age, sex, environment, background of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is too heavy or unreasonable.

3. Conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit.