1. The part of the judgment of the court below against Defendant A is reversed.

2. Defendant A shall be punished by a fine of KRW 800,000.

3...

1. Summary of grounds for appeal;

A. Defendant A 1) Defendant A’s attending a meeting of the Senior Citizens Association (hereinafter “instant meeting”) as stated in the facts charged of the instant case and speaking and actions do not constitute an advance election campaign.

B) Accordingly, Defendant A did not provide meals at I meetings and U meetings or paid the meal expenses to Defendant B among the instant gatherings. Therefore, the content of the instant name that was distributed by Defendant A is not false. D) Nevertheless, the lower court found Defendant A guilty of all the facts charged against Defendant A by reliance on Defendant B’s statement that is not reliable. In so doing, the lower court erred by misapprehending the facts or violating the rules of evidence, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the lower court’s sentence (5 million won of a fine) imposed by the lower court on Defendant A is too unreasonable.

B. Defendant B’s punishment (two million won of fine) sentenced by the lower court to Defendant B is too unreasonable.

C. The Prosecutor (the Defendant A)’s sentence imposed by the lower court on Defendant A is too unfasible and unfair.

2. Determination

A. 1) As to Defendant A’s assertion of mistake of facts or misapprehension of legal principles, prior election campaign of relevant legal principles refers to all acts necessary or favorable to obtain a vote for the purpose of winning an election for a specific candidate prior to the election campaign period in an election for a specific purpose, or an active or planned act that can be objectively recognized as having the intention of promoting an election or defeat against the elector, among all acts necessary and unfavorable to a specific candidate for the purpose of defeat in the election for a specific candidate, and ordinary, proportional, and social acts are excluded here, and specifically, when determining whether an act constitutes an election campaign, not only the name of the act but also the name of the act.