The prosecutor's appeal is dismissed.

1. The text message of this case sent by the Defendant to the summary of the grounds for appeal is clearly false as follows, and the Defendant was also aware of the falsity.

must be viewed.

However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and legal principles.

① It was true that the Defendant promoted the conclusion of the “Fair Competition Convention” in relation to the competition lines in D party E constituency, but the said Convention did not take effect due to the failure of the preliminary candidates to undergo the due process for signing, and the Defendant was also aware of it.

Therefore, the part of the instant text messages, “an act of violating the Fair Competition Convention,” cannot be interpreted as “an act of violating the Fair Competition Convention.”

(2) The defendant unilaterally resisted to the F candidates, and was subject to corrective measures only by demanding apology or explanation.

Viewing that it considerably deviates from the scope of the literal interpretation, and thus, the Defendant did not engage in any act that is deemed to be a “regular measure.”

must be viewed.

In addition, according to the D party rules, there was no authority to take corrective measures, such as caution and corrective order, against the defendant in the border line.

The Defendant was aware of all these circumstances.

2. Determination

A. The summary of the facts charged is the person who was the chairman of the Regional Steering Committee of D Party E. The Defendant.

D A Party was scheduled to set up the F Preliminary candidates and G preliminary candidates as candidates for the 20th National Assembly election E around March 16, 2016 in order to elect candidates for the 20th National Assembly election.

F The candidate for the competition of the F shall be registered as the preliminary candidate for D Party E on March 15, 2016 and shall not participate in the competition of the political party. H “I want to reduce the participation of the F candidate in the competition of the political party and enter the election on the mother line, and then participate in the competition.

H Receiving text messages called “Hdlim” and, as it is, to E-owners.