1. The judgment below is reversed.

2. The sentence shall be suspended against the defendant;

1. Summary of grounds for appeal;

A. The punishment of the court below (the fine of 2.5 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is deemed to have published false information for the purpose of preventing the candidate D, the other party candidate, from being elected at the 7 simultaneous local election B/Gun election where the defendant was elected, and the crime of this case is not good, and such act is likely to impair the fairness and transparency of the election by hindering the voters from making fair and reasonable choice and judgment with respect to the candidate.

However, the defendant's crime refers to the "family intention of the candidate C" in the D candidate's side, and refers to the statement made on the D candidate's side in response to the fluence, and it can be considered in the motive and circumstances of the crime.

In light of the fact that H, although it is not a candidate, was a candidate, made a statement that “A person whose recipient system is equal to the national level and the household is bad,” it is difficult to see that the degree of its falsity is significant.

The date of the instant crime was 4 days prior to the last day of the advance polling day, and the audience seems to have not been much.

The Defendant recognizes all of the crimes of this case and objects to it, and there is no record of punishment.

A complaint filed by the defendant against the defendant was filed against the defendant in the first instance, and many persons including D and Gun residents want to leave the defendant's preference.

In addition, considering various circumstances, such as the defendant's age, character and conduct and environment, motive and consequence of the crime, the circumstances after the crime, the sentencing of the jury at the court below (at the court below where no written withdrawal of a complaint has been submitted, two of the seven of the jurors submitted the opinion of suspended sentence) and other circumstances, the sentence of the court below is somewhat inappropriate.

Therefore, the defendant.