The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The court below erred by misapprehending the following facts or by misapprehending the legal principles.

The proviso of Article 58(1)3 of the Public Official Election Act provides that "any expression of simple opposition to support or recommendation of candidates by a political party" under the proviso of Article 58(1)3 of the Public Official Election Act does not constitute an election campaign. Therefore, an advertisement recorded in the facts charged (hereinafter referred to as "advertisement of this case") shall not be deemed an election campaign.

(b) there was no objective of affecting the election;

The F Party H, who received the strategic contribution of the F Party, falsely asserted AB's external pressure theory, led the D members' honor and pride, and caused the public trust to the police agencies. The Defendant, as the Secretary General of the D Organization, posted the advertisement of this case for the purpose of promoting the rights and interests of D members, and did not have any objective of affecting the election.

C. As to the error of law, the Defendant had no legal problem prior to the publication of the instant advertisement, posted the opinions of three newspaper companies, D advisory lawyers, former standing members of the National Election Commission, etc., and there was no perception of illegality as it constitutes a mistake of law under Article 16 of the Criminal Act.

2. Determination

A. The proviso of Article 58(1)3 of the Public Official Election Act provides that "any mere statement of opinion and expression of opinion regarding recommendation of candidates by a political party" shall not be deemed a sentence campaign. However, the mere statement of opinion and expression of opinion regarding recommendation of candidates exceeds the mere statement of opinion and expression of opinion regarding recommendation of candidates, an election campaign is conducted within the scope permitted by the Public Official Election Act (see, e.g., Supreme Court Decision 2005Do3717, Mar. 24, 2006). The advertisement of this case is mainly false as the title "7.30 Korean position related to recommendation of candidates by a political party."