C was a candidate for a local election at the 7th national Dong-si, which was implemented on June 13, 2018 as the Kimhae-si Si Council on June 13, 2018.

Except as otherwise expressly provided for in the Public Official Election Act, no one shall conduct an election campaign by means of broadcasting, newspapers, news communications, magazines, the establishment of an election campaign organization or private organization, door-to-door visits, and other methods prior to the election campaign period.

Nevertheless, in order to prevent C from being elected at the first floor of the apartment complex, 100 million won prior to the election period, the Defendant: (a) around October 7, 2017, the first floor of the apartment complex, 1, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) is normal society? On June 13, 2018, there is an election of the Speaker of Kimhae-si-si, Dong-dong-dong-si and Si-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu.

Accordingly, the Defendant carried out the above election campaign prior to the election campaign period.

2. Determination

A. Summary of the defendant's assertion

Considering that the Defendant’s act as stated in the facts charged in the instant case is merely a political and social expression that can be freely made by citizens participating in the election, and that the above act did not affect the election for about eight months prior to the beginning date of the election, the Defendant’s act does not constitute an election campaign prescribed in the Public Official Election Act. Even if it falls under the election campaign, the Defendant’s act was contingent for the public interest, and it does not constitute a justifiable act that does not violate social rules.

(b) Results of the jury verdict (seven jurors);

○ "guilty": Ten persons.

○ Not guilty: Seven persons;

C. Specific determination

In light of the following circumstances that can be acknowledged by evidence duly adopted and examined by this court, part of the contents of the printed materials attached by the defendant included a critical content C, and even if the date and time of local election was stated at the seventh nationwide Dong-si, it is difficult to view the above circumstance alone as constituting an election campaign by the defendant.

1) It is true that C had a criminal record among the contents written in the printed materials written in the instant facts charged. In light of the contents written in the instant printed materials, the Defendant’s statement in this court, etc., there is considerable room to regard the Defendant as having committed the instant act with the intent to know that it is inappropriate for C to act as a Si Council member, which is the cause of the present Kimhae-si Council.

2) In order to be deemed to constitute an election campaign, a specific political party or candidate (including a person who intends to become a candidate) with respect to a specific election should be limited to a specific election. However, in light of the fact that the Defendant’s act was at the time of the 7th nationwide local election and the 8th local election, which was implemented on June 13, 2018, and C did not themselves go to a candidate for the 7th local election, and there was no evidence that C had no intention to run for the above election at the time of the instant case, it is insufficient to recognize the Defendant’s act solely based on the evidence submitted by the prosecutor that the Defendant intended to be a candidate in a specific election for the defeat of C.

3. Conclusion

If so, the facts charged in this case constitute a case where there is no proof of crime, and thus, is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and a summary of the judgment is publicly announced pursuant to the main sentence

For the above reasons, this case is judged as ordered through a participatory trial according to the defendant's wishes.

Judge Yellow-il

Judges Lee Byung-chul