All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1 of the 19th presidential election commencement date ( April 17, 2017), the Defendant sent to the operating committee members and responsible party members the Defendant, the president of the 19th presidential election campaign, who was the president of the 19th presidential election campaign, as promotional materials for candidates in the country where the central party is promoting the 19th presidential election campaign.

This does not correspond to the election campaign stipulated in the main sentence of Article 58 (1) of the Public Official Election Act, and only falls under the "act of preparation for election campaign" as stipulated in subparagraph 2 or 4 of Article 58 (1) of the same Act or the "ordinary political party activity".

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged on the ground that such act constituted an election campaign is erroneous in the misapprehension of legal principles.

2) The sentencing of the lower court’s unfair sentencing (an amount of KRW 1.2 million) is too unreasonable.

B. The above sentencing of the prosecutor’s court below is too unfortunate and unfair.

2. Determination

A. Judgment on the misunderstanding of the legal principles 1) The main text of Article 58(1) of the Act on the Election of Public Officials in the relevant Acts and subordinate statutes refers to an act aimed at getting or getting another person to be elected or not to be elected.

In the definition of "", "act falling under any of the following subparagraphs shall not be deemed an election campaign" in the proviso to the same paragraph.

The term “the act of preparing candidacy and election campaign” in subparagraph 2 thereof is stipulated as “the act of preparing candidacy and election campaign,” and “ordinary political party activities” in subparagraph 4 thereof.

In addition, the main text of Article 60 (1) of the Election of Public Officials Act does not carry out an election campaign for a person who falls under any of the following subparagraphs:

“A state public official as provided in Article 2 (Classification of Public Officials) of the Act and a local public official as provided in Article 2 (Classification of Public Officials) of the Act as provided in subparagraph 4 thereof: Provided, That a person who is eligible to become a party member as provided in the proviso of paragraph (1) 1 of Article 22 (Qualification of Promoters and Party Members) of the Political Parties Act.