All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of two million won) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. According to the Public Official Election Act, an election campaign cannot be carried out prior to the close of voting on the election day, and any person may encourage any person to participate in voting, but shall not include any content supporting, recommending, or opposing a specific candidate.

The purpose of the Public Official Election Act is to punish a person who conducts an election campaign on the election day is to ensure that the election campaign on the election day is likely to have the most direct influence on the choice of voters, so it is highly likely that the election campaign will be carried out indiscreetly by candidates, so that the exercise of voting rights can be carried out in an orderly manner by maintaining the peace and cooling situation on the election day, and that the election campaign on the election day does not adversely affect the free and reasonable decision-making of electors.

Nevertheless, the Defendants, as the head of the election campaign headquarters or election campaign worker of the F elected as a candidate for the head of the E-head of the Gu to which the D Party belongs, have carried out an election campaign by sending text messages to encourage many people from participating in the election including appeal for F support to 20,643 persons on the election day, by impairing the legislative intent of the Public Official Election Act. The Defendants should be held responsible corresponding thereto.

However, the Defendants divided and reflected their mistakes in depth, and the Defendants immediately suspended the transmission of letters after being pointed out of E-gu Office on the election day, and the Defendants thought that the text messages were fine even if inserted into text messages in accordance with the guidelines of the Central Party of D Political Party, the Defendants would be deemed to have committed the instant crime, and the Defendants appear to have committed the instant crime.