The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (a fine of KRW 800,000) is deemed to be too unhued and unfair.

2. The Defendant, even a public educational official who is in office as an assistant principal of an elementary school, was involved in the promotion of candidate’s achievements and the implementation of election campaign planning to assist the electors, who are candidates for elections in the Daejeon Metropolitan City Superintendent of the Office of Education, and was engaged in election campaign to send promotional messages to several times. This is not the case where the Defendant’s responsibility is less than that of undermining fair and correct judgment of voters and impairing the fairness of public officials’ political neutrality

However, in light of the fact that the defendant is against his mistake, the contents and methods of election campaigns, the scale and period of election campaigns, the result of the election that the R candidate was absent, etc., it is difficult to view that the fairness of the election would have been impeded as much as the fairness of the election would have been lost as the defendant would be lost due to the crime in this case; the defendant was subject to heavy disciplinary action from the Superintendent of the Office of Education in Daejeon Metropolitan City, three months of suspension from office from the Superintendent of the Office of Education in Daejeon Metropolitan City, seven years of restriction on promotion; and the defendant's age, character and behavior, environment, family relationship, motive and circumstances of the crime, etc., as a whole, the sentence of the court below is deemed appropriate,

The prosecutor's assertion is without merit.

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