The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (three million won of a fine) is too unhued and unreasonable.

2. Each of the crimes of this case recognized by evidence, evidence, and legal principles is a case where the editor of a local newspaper company conducts an illegal election campaign by writing a statement supporting a specific candidate on his/her social network website, and the newspaper that posted an article related to the election was distributed in a way other than ordinary means. The defendant is recognized as an unfavorable sentencing factor or objective and neutral sentencing factor, such as that the nature of the crime is not easy, in that the defendant has interfered with the process of free formation of public opinion by taking advantage of the position of a journalist in the process of formation of public opinion, thereby impairing the people's trust in the fairness of the election and distributed a considerable amount of newspaper to many, unspecified or unspecified parties.

However, it is recognized that there is a favorable sentencing factor or objective and neutral sentencing factor such as the defendant's failure to commit a crime in the first instance and reflects his mistake in depth, the defendant's appeal for support was elected as the candidate for the I political party, and the defendant was deprived of his eligibility as the candidate for the I political party, and the crime of the defendant was found not to have a significant impact on the result of the election, because he failed in the H Gun election, and the defendant did not have a previous one.

In full view of the aforementioned factors of sentencing and the statutory penalty for the crime of violation of the Public Official Election Act (a imprisonment for not more than three years or a fine not exceeding 6 million won) due to each of the instant crimes, the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court Sentencing Commission (a fine of not less than one million won), Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to the instant crime, means and consequence of the instant crime, and circumstances after the instant crime, etc., the sentence imposed by the court below cannot be deemed to be disadvantageous to the extent that it should be reversed.

Therefore, it is true.