The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The punishment (fine 700,000) imposed on the defendant by the court below is too unhued and unfair.

Judgment

Considering the fact that the instant crime is likely to affect the public’s choice of candidates for the election for public office, thereby undermining the fairness of the election, and that the Defendant sent printed matters to the union members as the head of the reconstruction improvement project association, and that the printed matters dispatched are up to 2,256 copies, the Defendant’s liability for the crime cannot be deemed to be negligible.

However, in full view of all the sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the prosecutor's assertion cannot be accepted, since it seems that the sentence of the court below is too unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.