The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unreasonable.

2. However, in light of the income level claimed by the defendant, the fact that the defendant led to the confession of the crime of this case and is in depth divided, only 4 times a fine for driving a motor vehicle, and the defendant has no record of being punished for the same kind of crime, the transmission of the text messages is relatively small in number of 78 persons who are the defendant, and the transmission of the text messages does not have any particular influence on the election result because the transmission of the text messages is somewhat weak, and the defendant sent again a text messages that the defendant does not spread the text messages of the preceding day to the next person, and the fact that the fine determined by the court below seems to be somewhat an economic burden on the defendant who supports his mother and his family, etc., shall be deemed to fall under the circumstances favorable

However, as the court below properly pointed out, the Public Official Election Act requires strict punishment for the violation of the Public Official Election Act with the aim of ensuring the legitimacy of state power and contributing to the maintenance and development of democratic politics by ensuring that the public election, which is the basis of democratic politics, is held fairly in accordance with the free will of the people and democratic procedures, and preventing any malpractice related to the election. In particular, the publication of false facts aimed at the defeat of the candidate, which leads to the wrong choice of the voters, is likely to undermine the fairness and transparency of the election by distorted public opinion, thereby impairing the fairness and transparency of the election. The crime of this case is the publication of false facts for the purpose of preventing the candidate not supported by the defendant from being elected, and the contents of the text message sent by the defendant to the next day of the crime of this case are not good.