The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (amounting to KRW 800,000) is too unhued and unreasonable.

2. The instant crime committed by the Defendant, a public official, who is unable to engage in the election campaign, did not engage in the election campaign, by inserting four times in the form of a knife for local newspapers, letters supporting a specific preliminary candidate, even though it is not an election campaign period. The Defendant’s act led to the risk of impairing the political neutrality of public officials and the fairness of election and undermining the development of democratic politics.

In addition, in light of the fact that a letter of support for a specific preliminary candidate was published in a local newspaper and disseminated to many and unspecified persons, it was not possible to ignore the level and influence of the act.

I seem to appear.

In addition, considering the motive, contents, and circumstances of the crime, it is judged that the defendant's act is not good in terms of the nature of the crime.

Such circumstances are disadvantageous to the defendant.

On the other hand, the Defendant’s primary crime without the history of criminal punishment is against the Defendant’s wrong recognition, and the crime of this case was committed systematically or is not deemed to have been committed “using the status of public officials.” The Defendant’s primary candidate supported was unable to leave the Defendant as a candidate for the election of National Assembly members because he did not receive official nomination, etc., which led to the Defendant’s act that affected the result of election.

The fact that the defendant does not seem to have been elected as a member of the National Assembly in the election campaign, and that the member of the National Assembly and the residents of the above local constituency want to take a preference against the defendant in the election campaign, etc. are considered in favor of the defendant.

In addition, all of the sentencing conditions, such as the scope of recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, the defendant's age, sex, environment, and circumstances after the crime, etc.