The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the lower court (one million won of a fine) is too unreasonable.

Judgment

The scope of the recommended punishment on the sentencing guidelines [decision of type] [Violation of the Method of Election Campaign)] type 2 (Violation of the Act on Election Campaign) - Where an election campaign is committed against an unspecified or a large number of other parties, the sentencing factors are favorable for the following: (a) where an election is committed against an unspecified or a large number of unspecified parties (limited to the scope of recommending punishment); (b) where a fine is increased; (c) there is no record of having committed the same kind of crime against the accused; (d) the accused has no particular criminal record except criminal punishment of fines for a crime of this type; and (e) the accused is seriously against his/her mistake after

However, the Public Official Election Act aims to ensure the legitimacy of state power and to contribute to the maintenance and development of democratic politics by ensuring that public elections, which are the basis of democratic politics, are held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to the election. Therefore, it is necessary to strictly punish violations.

In addition, the crime of this case was committed in a neutral position, and the defendant, who is responsible for the social responsibility to strive for fair election in a neutral position, sent text messages supporting a certain candidate to many people without recognizing the principal portion as a journalist and examining the law properly. Therefore, the crime of this case is not less complicated.

In addition, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, background of the instant crime, circumstances after the instant crime, etc., and the sentencing guidelines of the Sentencing Committee, the lower court’s lower court’s sentence cannot be deemed to have been reversed.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.