A. In fact, although the Defendant expressed his intention to support C candidate at the seat, the Defendant did not appeal against C candidate for the purpose of getting C candidate to be elected at the competition in the D political party, and only urged the land manager to participate in the competition voting by registering C candidate with the competition campaign team in the D party.

Therefore, the defendant's act does not constitute an internal competition campaign that is not permitted under the Public Official Election Act.

B. Legal doctrine misunderstandings, even if the Defendant conducted a competition campaign by means other than those prescribed in the Election of Public Officials Act.

Even if there is a demand for the help of the defendant who had already supported the C candidate, it is merely a justifiable act, because it is merely a demand to support the above candidate on a regular and exceptional basis.

(c)

The punishment sentenced by the court below which is unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the lower court’s judgment and the appellate court’s duly admitted evidence, the Defendant may sufficiently recognize the fact that he/she conducted an unpermitted internal competition campaign by asserting support for the C candidate by asserting that he/she did so from the competition line within the 19th presidential election candidate to the 19th presidential election.

Therefore, the defendant's above assertion is without merit.

① On April 25, 2017, the Seoul Special Metropolitan City Election Management Committee held a briefing session with the “C President candidate support declaration” under the name of a corporate association B (hereinafter “B”) at the National Assembly’s meeting held on April 25, 2017, and published false facts as if 4,000 members were supported by 43 persons, thereby violating Article 250(1) of the Public Official Election Act, and filed a complaint against the Defendant with the Seoul Central District Public Prosecutor’s Office on May 8, 2017.

(2) On May 25, 2017, the accused shall be voluntarily conducted by investigative agencies and B members.