The prosecutor's appeal is dismissed.

1. The decision of the court below against the Defendants on the summary of the grounds for appeal (for the Defendants, KRW 1 million per fine) is too uneased and unreasonable.

2. A public opinion poll for light of the procedure and method is very important to ensure objectivity and reliability in a public opinion poll. However, in light of the legislative intent of the Public Official Election Act to ensure the establishment of a desirable election culture and the realization of a democratic politics by aiming to distort the outcome of public opinion poll, to distort the outcome of public opinion poll by posting a letter recommending the other party to respond to age, etc. in the public opinion poll in the Kakakao Stockholm, and to impair the fair election order, and to ensure the fairness of the people’s free and democratic expression of opinion and election, there is a need to punish the Defendants with regard to the crime that causes damage to fairness in the competition of the party competition for the election of the candidate.

However, in light of the circumstances favorable to the Defendants, such as the Defendants’ recognition of the instant crime, the number of the Defendants’ mistakes is divided, the number of crimes is limited to one time, and the Defendants are the first offender, and the judgment becomes final and conclusive, the Defendants’ right to vote and right to vote is restricted for a certain period of time, and other sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendants’ age, sex, environment, motive and circumstance of the commission of the crime, means and method of the crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendants cannot be deemed unfair, considering the overall sentencing conditions stipulated in Article 51 of the Criminal Act.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.