The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (3 million won in penalty) is too unfluent and unfair.

Judgment

The lower court, under the circumstances that ① distributed approximately 260 copies of E, including the Defendant’s seat, without compensation, to make a contribution to the 19th presidential election at the same time, and carried out an advance election campaign at the same time, and the liability for the crime was not mitigated, ② is recognized and is in depth against the Defendant; ② there was no record of the Defendant’s criminal conviction and any punishment exceeding the fine; the Defendant’s criminal act was committed before the election day for a considerable period; and the Defendant’s criminal act was committed before the election day; and the Defendant’s act appears to have no effect on the result of the election; the Defendant’s age, sex, criminal conduct, environment, family relations, motive, means and consequence of the crime; and the various sentencing factors specified in the instant records and the arguments of the lower court, including the circumstances after the crime, are considered as favorable to the Defendant.

In other words, if the Defendant appears to have been hospitalized in the astronomical Hospital from September 18, 2017 to September 18, 2017 due to the diversative disorder, etc., the lower court’s sentencing is too unfluent, and thus, is deemed to have exceeded the reasonable scope of discretion, as it is too unfluent.

The prosecutor's argument cannot be accepted.

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.