All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A (1) With regard to the violation of the Public Official Election Act as stated in paragraph (1) of the facts constituting the crime of the lower judgment, the Defendant’s act of distributing parliamentary reports to places other than local districts can be deemed as a violation of Article 111(1) of the Public Official Election Act, but there is no separate provision for punishing the act. Therefore, applying Articles 255(2)5 and 93(1) of the Public Official Election Act to punish a person who is in violation of the principle of

(2) With regard to the violation of the Public Official Election Act as stated in Paragraph (2) of the facts constituting a crime of misunderstanding the facts in the judgment of the court below, the court below's decision that deemed the defendant as the accomplice B is improper, unless the defendant was involved in it.

B. The lower court’s punishment against all the Defendants (Defendant A: a fine of KRW 1.5 million, Defendant B: a fine of KRW 700,000) is too unreasonable.

2. Determination

A. According to Article 111(1) of the Public Official Election Act regarding Defendant A’s assertion of the misapprehension of the legal doctrine, “Local Council members may report to the electorate the parliamentary activities (including the election district activity notification, schedule notification, and other matters necessary for promoting their achievements) through a report, etc. However, from 90 days before the election day of the local council members to the election day by posting a report on parliamentary activities on the Internet regardless of the pretext, regardless of the pretext such as official activities or other activities.” Accordingly, reporting parliamentary activities by a local council member to a person other than the electorate is not allowed under the Public Official Election Act.

However, Article 255(2)5 and Article 93(1) of the Public Official Election Act do not affect the election from 180 days before the election day (the time when the reason for holding the election becomes definite in the case of special election) to the election day.