All appeals by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts or misunderstanding of legal principles)’s each act of Defendant on the facts constituting a usual and courtesy act using Facebook, and cannot be seen as an active and planned act that can be objectively recognized in the election of the 20th National Assembly members.

Nevertheless, the lower court determined that the Defendant’s act constituted an objectively recognized act for the purpose of promoting the election or defeat of a specific candidate in the election of the 20th National Assembly members, when seen the above act from the general elector’s perspective.

The court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. A public prosecutor 1) An election campaign covers ① an act relating to a specific election, ② an act on behalf of a specific political party or candidate (including a person wishing to be a candidate), and thus does not necessarily mean a concept premised on the specification of the candidate.

In addition, since the Public Official Election Act introduced a representative system in proportion to the list of political parties, acts favorable to or unfavorable to a specific political party in respect of election are naturally included in the concept of election campaign.

Even if the concept of election campaign is premised on the specification of the candidate, the specific candidate's term of election campaign does not necessarily refer only to the candidate who already run, but also includes a person who intends to run for the future, and at this time, the person who intends to run as a candidate is sufficient when he plans to run, and does not require a final resolution.

On February 27, 2016, at the rally for the formation of Q Q Q, four persons have made a speech, and R actually left as a candidate from the 20 total lines.

Therefore, at the time of registering a notice of the facts charged in the verdict of the court below, the candidate is informed.