All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the facts constituting an offense No. 1 as indicated in the judgment of the court below, if the Defendant did not directly make a speech related to the election even if he made a telephone to its members, this does not constitute an advance election campaign.

In addition, with regard to the criminal facts No. 2 of the judgment below, it is difficult to recognize the criminal intent of the defendant merely because the defendant requested the transmission of text messages of which he/she appeals to his/her children during the election campaign period.

However, the lower court erred by misapprehending the legal doctrine on the entrusted election law, such as a public organization, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (an amount of KRW 800,000) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Article 23 of the Act on Entrusted Elections such as a public organization, etc. that judged the misunderstanding of facts and misapprehension of legal principles refers to an act to make or make another person be elected or not to be elected. However, the term “a simple statement and expression of opinion on an election” and “an act in preparation for candidacy and election campaign” shall not be deemed as an election campaign.

(1) For the purpose of this Act, the term "election campaign" in this Part means an act to make a person elected or to make another person be elected or not to be elected.

Provided, That any of the following acts shall not be deemed an election campaign:

The amount of the tax shall be determined by the Ordinance of the Ministry of Finance and Economy.

1. simple statement and expression of an opinion on the election;

2. An act of preparing candidacy and election campaign;

3. Simple statement and expression of opinions on the recommendation of a candidate for a political party;

4. Ordinary activities of political parties;

5. Deleted;

6. Lightings, such as New Year’s Day and Ratification.