All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Articles included in Defendant 1’s misunderstanding of facts and misapprehension of the legal doctrine as well as printed articles produced by the misunderstanding of the legal doctrine are G articles drafted in approximately one year and two months before the 20th election day of the National Assembly member on April 13, 2016, which are irrelevant to the 20th election of the National Assembly member, and their contents are difficult to be deemed as articles irrelevant to the 20th election of the National Assembly member, or favorable or unfavorable

Nevertheless, the court below erred by misapprehending the legal principles of Article 95 (1) of the Act on the Election of Public Officials or by misapprehending the legal principles, which affected the conclusion of the judgment, since it was convicted of the facts charged.

2) The punishment sentenced by the lower court to the Defendant (one million won in penalty, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. Determination as to the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) Article 95(1) of the Public Official Election Act provides that “No person may distribute a newspaper, communication, magazine, or the organ of an institution, organization, facility, or other publication that posted an article related to the election in a way other than ordinary way, or reproduce and distribute such article.

Paragraph 2 of the same Article provides that "The distribution by ordinary means" means the issuance and distribution within the previous method and scope.

“......”

In addition, the term "article on election" in Article 95 of the Public Official Election Act means an article that affects the situation of a candidate (including a person who intends to become a candidate), or favorable or unfavorable to a specific political party, and in this case, the term "article" means the delivery of objective facts, including a report and a comment, and the news refers to the delivery of objective facts, and the comment refers to the criticism of the debate of the political party's platform and policy.