All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The Defendants’ act of misapprehension of the legal principles is not an election campaign to encourage voting.

B. The sentence imposed by the lower court on the Defendants (a fine of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, an election campaign under Article 58(1) of the Public Official Election Act refers to all acts necessary for, or favorable to, winning or defeating the election of a specific candidate, and refers to an active and planned act that can objectively be objectively recognized as the purpose of promoting the election or defeat in the election. As such, it is distinguishable from ordinary political party activities that constitute an internal or procedural preparation for the future election campaign, but in determining whether a certain act constitutes an election campaign, it should be determined by comprehensively observing not only the name of the act, but also the form of the act, i.e., the time, place, method, etc. of the act in question, and by comprehensively observing

(See Supreme Court Decision 201Do3447 Decided June 24, 201 (see, e.g., Supreme Court Decision 2011Do3447). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① Defendant A is the election campaign manager of a candidate E in the first election district for the Gyeonggi-do Council member Special Election D., Defendant B is the election campaign worker for the candidate E., ② the Defendants were the election campaign workers of the candidates, ② the special election of Gyeonggi-do Council members and the election of the 19th National Assembly member was conducted on April 11, 2012, the Defendants were the election of the 19th National Assembly member. ③ The Defendants were out of the 19th Special election election district for the Gyeonggi-do Council member. However, the Defendants were the subway stations and roads adjacent to the said election district, and the E candidates were also 3 to 4 times the election period, and the election of the National Assembly member of the National Assembly at the same time.