Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant, as the instant facts charged, sent text messages more than six times as in the instant charges, it is not unlawful to send courtesys to the members of the agricultural cooperative, who are the president of the agricultural cooperative, who are in the ordinary fluoral ground or fluoral relationship, in accordance with the authoritative interpretation of the Election Management Commission, etc.

The court below found the defendant guilty of the facts charged of this case as a factual mistake and affected the conclusion of the judgment, since it merely dispatched agricultural information, such as disaster preparation, and personnel statement for communication with union members, as part of the business as the president of the association, and it did not conduct a prior election campaign.

2) The lower court’s sentence (an amount of KRW 800,000) against an unfair defendant in sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The lower court also asserted to the same effect as the grounds for appeal on this part, and the lower court, based on the evidence duly admitted and investigated by the lower court, sent text messages to its members using the machine installed in the Agricultural Cooperatives where it is necessary for the Defendant to provide farming information, etc. to its members in a usual manner, i.e., the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence.

In addition, the contents of the text message sent by the Defendant are most unrelated to farming information, and ② the Defendant attended the “Public Election Academy” held by the E Election Management Commission around November 2014, and according to the inducements for the first time concurrent election campaign, which was distributed on the spot, the Defendant sent text message for election campaign to any union member who has no peace or friendship.