The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. It is recognized that, in light of the legislative purpose of the Act on Entrusted Elections by Public Organizations, etc. that intend to contribute to the sound development of public organizations, etc. and the development of a democratic society by correcting existing mixed election of the president of an association, there is a serious need for a punishment for an act to respond to the climate of election in the past, such as the instant crime, and that the other party who sent text messages is 2,900 persons, and that the contents of such act directly appeal for support by notifying the union members that he/she is expected to go to go to the election of the president of the association.

However, considering the following facts: (a) the Defendant’s mistake is deeply divided; (b) there is no history of punishment heavier than a fine, and there is no history of punishment for the same crime; (c) text messages are sent at one time; (d) it appears that the instant crime did not have any particular influence on the election; and (e) it appears that the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) the conditions of all sentencing specified in the argument of the instant case, such as the circumstances after the instant crime, such as the Defendant’s age, character and behavior, environment, motive, means

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 66 subparagraph 1 of the relevant Act on Criminal Facts and Article 24 (2) of the Act on Entrusted Elections such as Public Organizations, etc. that choose a penalty, selection of fines;

1. Detention at a workhouse;