The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The Defendant’s act, such as the facts charged in the instant case, is merely a simple statement or expression of opinion on an election in which there is no intention to promote the defeat of a specific candidate or a candidate belonging to a specific political party, and there is no punishment.

Nevertheless, the judgment of the court below which judged that the defendant's act constitutes an election campaign under the Act on the Election of Public Officials and found guilty of the facts charged of this case is erroneous in the misapprehension of legal principles as to election campaign under

B. The sentencing of the court below (the defendant, the prosecutor) is too heavy or unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts or misapprehension of the legal doctrine, the lower court also asserted the same as the grounds for appeal.

In full view of the circumstances stated in its reasoning, the lower court held that the Defendant’s act, such as the instant facts charged, constitutes an election campaign under the Act on the Election of Public Officials and that the purpose of promoting the defeat of a specific candidate or candidate belonging to a specific political party in the election of the 20th National Assembly member from the general elector’s perspective is objectively recognized

Based on the judgment of the court below, the charged facts of this case were convicted.

Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is justifiable. In so doing, it did not err by misapprehending the legal doctrine as to the grounds for appeal.

This part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the Defendant, even a private school teacher whose election campaign is prohibited under the Election of Public Officials Act, conducts an election campaign by inserting a notice to promote the defeat of a specific candidate or candidate belonging to a specific political party on the 20th election day, at the election day of the National Assembly member, thereby political neutrality and election of the private school teacher.