All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인 (1) 사실오인 ㈎ 이 사건 행사는 사전에 준비된 집회가 아니라 피고인의 지인들에 의한 우발적 모임에 불과하고, 참석자들에게 지인카드를 배부하거나 가져가게 한 사실이 없으며 피고인이 직접적으로 지지를 호소한 사실도 없으므로 사전선거운동에 해당하지 아니한다.

㈏ 피고인에게는 선거법을 위반하여 사전선거운동을 한다는 고의가 없었다.

(2) The sentence imposed by the lower court of unreasonable sentencing (the fine of KRW 800,000) is too unreasonable.

B. The act of a prosecutor (1) misunderstanding of facts or misunderstanding of legal principles (not guilty part) by inserting a synthetic photograph, the face of which is replaced with the face of an AI in the election campaign bulletin, and then distributing it in the election campaign bulletin. The act of a prosecutor (1) misunderstanding of facts or misunderstanding of legal principles (not guilty part) constitutes publication of false facts since the AI did not have a photograph with an AI at the packaging end, and the defendant did not have a photograph with an AI. However, the court below acquitted the defendant of this part of the facts charged. The

(2) The sentence imposed by the court below on unreasonable sentencing is too uneasible and unfair.

2. Determination

A. (1) As to the Defendant’s assertion of mistake of facts, prior election campaign refers to any act necessary or favorable for obtaining or obtaining a vote for the purpose of winning an election of a specific candidate in an election campaign period in a specific election, or an active or planned act that can objectively be recognized as having the intent to promote an election or defeat against the elector, among all acts necessary and unfavorable for the purpose of defeat of a specific candidate, prior to the election campaign period, or on the contrary, from among all acts necessary and unfavorable for the purpose of winning an election by a specific candidate, and is excluded here, and whether such act is ordinary, proportional, or private acts.