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The prosecutor's appeal is dismissed.
Reasons
1. The sentence of the lower court (a fine of KRW 1,200,00) is too uneased and unreasonable in light of the summary of the grounds for appeal (e.g., the nature of the Defendant’s offense and the frequency of the offense.
2. The lower court rendered the above sentence to the Defendant by taking into account the circumstances favorable to the Defendant, such as the fact that the Defendant’s mistake is divided, that the Defendant did not seem to have significantly affected the election, and that there was no significant penalty power for the Defendant, etc., such as the fact that the instant text posted on the Internet portal site “the next Mara Political Debate,” and that there was no kind and significant penalty power for the Defendant, and that the Defendant posted the Defendant’s writing that slanders the C candidate by using indecent and malicious expressions on the Internet several occasions, and other circumstances unfavorable to the Defendant, including the Defendant’s age, character and environment, motive for committing the crime, and circumstances after committing the crime.
In full view of all the factors of sentencing factors and sentencing considering the lower court’s sentencing criteria, it cannot be deemed that the above sentence of the lower court, taking into account the sentencing criteria of the Supreme Court Sentencing Committee, is unreasonable as compared to the degree of Defendant’s responsibility for action.
The prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.