The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (a fine of KRW 800,00) is too unhued.

2. The Defendant’s instant crime is likely to be criticized in light of the following: (a) the Defendant sent text messages to the effect that many people appeal support a specific candidate on the day of the presidential election; (b) the election campaign on the day of election is highly likely to adversely affect the elector’s free and reasonable decision-making; and (c) the Defendant’s sending text messages is relatively large of 630 persons.

These circumstances are disadvantageous to the defendant.

On the other hand, the fact that the defendant did not engage in an election campaign for his own election, that the crime of this case is not an election campaign for many unspecified persons, but does not seem to have caused a decisive influence on the result of the 18th presidential election, that the defendant's mistake is against the defendant, and that the defendant does not have any past record of punishment.

In addition to this point, in full view of various circumstances, including the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.