All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The punishment of Defendant A (2 million won of fine) sentenced by the lower court is too unreasonable.

B. Defendant B (1) Although the Defendant’s statement in the judgment of the court below in misunderstanding of facts was not for the election of the F candidate, the court below accepted the facts charged and pronounced guilty against the Defendant. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

(2) The sentence (one million won of fine) imposed by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. Preliminary election campaign on Defendant B’s assertion of mistake means any act necessary or favorable to obtain a vote for the purpose of winning an election of a specific candidate at an election campaign period prior to the election campaign period, or an active or planned act that may objectively be recognized as having the intent of promoting an election or defeat against the elector, among all acts necessary or unfavorable for the purpose of defeat of a specific candidate, from among all acts necessary or unfavorable for the purpose of defeating the election of the specific candidate, and is excluded from here, and whether such act is ordinary, ordinary, and social and social acts should be determined in light of social norms, comprehensively taking into account various circumstances, such as the social status of the offender and the other party, his relation, motive, method, contents, and attitude of the act.

(See Supreme Court Decisions 2005Do2245 Decided August 19, 2005; 201Do3862 Decided July 14, 201, etc.) acknowledged by the evidence duly examined and adopted by the lower court (see, e.g., Supreme Court Decision 201Do3862), i., the following circumstances acknowledged by the evidence duly examined and adopted by the lower court (i.e., the statement made by the Defendant at a candlelight assembly as indicated in the lower judgment, i.e., the first refer to the election for the National Assembly member, and thereafter, the F candidate has been making great efforts for the development of the West, while the Mayor and the head of the Gu are affiliated with the G Party, and even if there are many City Council members and Gu Council members, the development of Seo-gu.