The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. The instant crime committed by the Defendant, who is a public official of class 6 local government, was opened to support candidates for the 20th National Assembly election for the 20th National Assembly election, and was posted and posted comments on 22 times for about 4 months on the Internet portal website, and then was carried out by the election campaign for a considerable period of time. In light of the legislative intent of the Public Official Election Act demanding a public official’s political neutrality, the fact that the Defendant requires a serious punishment for such crime is an unfavorable circumstance to the Defendant.

However, the defendant is the first offender, and the depth is divided by recognizing the crime of this case, and the crime of this case consists of passive means that the defendant takes a sign of the other person's posting or posts comments on comments, and the degree of violation is minor and the perception of illegality is deemed to have been significantly weak. Since the community of this case is a closed community with 77 members, the crime of this case is likely to not directly affect the result of the election, etc., which are favorable to the defendant.

In addition, considering the various sentencing conditions in Article 51 of the Criminal Act and the scope of the recommended sentencing guidelines established by the Supreme Court sentencing committee, such as the defendant's age, sex, environment, background, means and consequence of the crime of this case, and the situation before and after the crime of this case, the court below's punishment against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for the judgment to be used again] Summary of facts constituting a crime and evidence