The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The following circumstances are recognized: (a) the Defendant led to the instant crime; (b) the Defendant appears to have failed to clearly perceive that the content of the printed matter was false; (c) the removal was not long after the attachment and spraying of the printed matter; and (d) the attachment and spraying of the printed matter appears to have any particular impact on the result of the election; and (c) the Defendant has no criminal record.

However, the crime of this case was committed by the defendant as the head of the association at the time, who produced and distributed printed materials containing false contents for the purpose of preventing the defendant from being elected in B election. In light of the method and contents of the crime, etc., the crime was considerably poor in light of the method and contents of the crime, the contents and number of printed materials, and the place of distribution, etc., and the criminal liability is not less exceptionally imposed in light of the crime, and the defendant took a vehicle number plate as an audio tape. After the crime was committed, the defendant took the initiative of the defendant, such as wearing a string, white make, locks, etc. while the crime was committed in order to conceal his/her own crime, and immediately after the crime was committed, it is deemed that the punishment imposed by the court below is unfair by taking into full account various sentencing conditions as shown in the argument of this case, including the following circumstances: equity in sentencing with the punishment of the same and similar cases, and others, the defendant's age, character and behavior, environment, motive and circumstance of the crime

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Reasons for Judgment] Facts constituting an offense and summary of evidence recognized by the court is the original judgment.