The defendant is innocent. The summary of this judgment shall be notified publicly.

A. In light of the contents, place, method, etc. of posting each of the notices listed in the list of crimes (hereinafter “each of the instant notices” and each of the respective notices is referred to in the sequence of crime list), the Defendant’s act of posting each of the instant notices is merely an act of daily use of E, and it is difficult to view it as an act objectively revealed for the purpose of promoting a certain person’s election or defeat.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely determining that each of the instant posting acts constituted an election campaign.

B. The lower court’s suspended sentence of a fine of KRW 500,00 (a fine of KRW 500,000) is deemed to be too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. On January 28, 2016, the Defendant, as a teacher of B elementary school, posted a notice by means of access to the Defendant’s E account through a computer and sharing news articles of the title “F” with respect to the election of the 20th National Assembly members, and posted a notice by means of sharing letters on the E account four occasions as shown in the attached list of crimes in the lower judgment, including the expression of objection to the H party in relation to the election of the 20th National Assembly members.

Accordingly, the defendant, even though he could not carry out an election campaign, carried out an election campaign.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant posted each of the instant notices to his own E during the period from about 70 days to the 9th day from the 20th National Assembly member election day; ② the Defendant’s posted the notice to his own E, the phrases, articles, and articles against H party.