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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant confirmed the intention of supporting a considerable number of personnel and organizations among the persons and organizations specified in the news report data at the time of distributing the news report of this case and the news report data, and only failed to verify the intention of support only to some personnel and organizations, and thus, it is an ordinary act of distributing the news report data of this case. Although distributing the news report of this case does not constitute an act of distributing documents or printed materials, the lower court accepted the facts charged and sentenced the Defendant guilty. In so doing, the lower court erred by misapprehending the facts or misapprehending the relevant legal principles, thereby affecting the conclusion
2. The court below held that ① the news report materials of this case prepared by the defendant with co-defendant A of the court below constitutes documents or printed materials under Article 93(1) of the Public Official Election Act; ② even if the news report materials of this case were distributed only to many unspecified press organizations, which are not many and unspecified people, it is sufficient for them to spread the contents of the news report materials of this case through press reports, etc., and in fact, it cannot be deemed as distributing the news report materials of this case; ③ The news report materials of this case include the contents that the defendant's act of distributing the news report materials of this case is not deemed as distributing the news report materials of this case to an unspecified number of unspecified people, and ③ the contents that the superintendent of the office of education of Seoul re-election support the J candidate as a single candidate who is remunerationed by the re-election of Seoul Office of Education in Seoul. In light of the circumstances that the defendant et al. did not actually confirm his intention to support the news report materials of this case, the distribution of the news report materials of this case was an ordinary act to distribute the re-election of Seoul Metropolitan City.