The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. 1) The publication of false facts: The Defendant’s act of speaking in the instant case is not a false fact as indicated in the facts charged that the Defendant around 08:10 on May 24, 2014, and the Defendant did not have any awareness or intent on the false facts. 2) The Defendant raised a problem about the instant waste reclamation site before the 6th nationwide election, which was implemented on June 4, 2014, and the Defendant filed a lawsuit seeking compensation for damages under civil law or administrative litigation, and made efforts to correct the illegality of disposition for the public interest. As such, the Defendant’s act of speaking in the instant case is not against D or the illegality is dismissed.

3) Violation of restrictions on the use of loudspeaker systems: The Defendant had been engaged in one person’s demonstration near the small field of the D’s election campaign, and there was no awareness that the Defendant carried out an election campaign. The Defendant also asked the police station to find out whether the use of loudspeakers is possible. Accordingly, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s judgment on the assertion of unfair sentencing (two years of suspended sentence for six months of imprisonment) is too heavy or too unfasible (the Defendant).

2. Determination:

A. On June 28, 2013, the summary of the facts charged 1 as to the violation of each Public Official Election Act due to the publication of false facts and the omission of candidates was sentenced to three years of suspension of execution on September 4, 2014, and the judgment became final and conclusive on September 4, 2014.

The defendant is a CGun resident residing in Jeonnam-gun, and is against C/Gun candidate D in the 6th nationwide local election conducted on June 4, 2014, and is related to C/Gun election.