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The prosecutor's appeal is dismissed.
Reasons
1. The act of providing news report data to the press in order to have an influence on the election by deviating from the method ordinarily taken between 180 and 180 days before the election day to the election day shall be prohibited from the act of distributing documents by unlawful means under Article 93(1) of the Public Official Election Act.
It is also the act of providing the press with news report materials that support and recommend a specific candidate.
At the time of the press conference, the Defendant directly read the written name of support for C in support of C who wished to be a candidate for the D market at the time, and conspired with B to read the written name and report materials to the reporters, and the Defendant committed the above acts from 180 days before the election day to the election day, and thus, the Defendant’s act constitutes the act of distributing the document by unlawful means under Article 93(1) of the Public Official Election Act.
Nevertheless, the court below found the defendant not guilty on the grounds that only the act of providing documents containing false details constitutes the act of distributing documents by unlawful means as referred to in the above provision, and that the defendant did not have been involved in the act of distributing the name and report materials. Thus, the court below erred by misapprehending the legal principles on the crime of violating the Public Official Election Act due to the act of distributing documents by unlawful means
2. Judgment on the prosecutor's grounds for appeal
A. The summary of this part of the facts charged is the person who was working as C’s election campaign worker at the 6th nationwide local election, and the Defendant was a person who was working in the D market from July 2002 to June 2006, and both B and the Defendant support the D market C.
Any person shall not follow the provisions of the Public Official Election Act in order to influence the election from 180 days before the election day to the election day.