The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The misapprehension of the legal principle stated on the wall bulletin board and the campaign materials of preliminary candidates inside the election campaign office the “19th National Assembly member’s career indication” (hereinafter “19th National Assembly member’s career indication”) is merely to accurately indicate the Defendant’s proportional representative member’s career, and does not constitute the act of professing support or recommendation of a specific political party or indicating the party member’s career.

The judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles.

(1) The proportional representation of a National Assembly member is determined by the recommendation of a political party and the elected person is determined by a political party voting method, and thus indicating a recommending political party to indicate its representative as a National Assembly member is an accurate method of indication in line with the purport of

(2) Article 46 (3) of the Local Education Autonomy Act (hereinafter referred to as the "Local Education Autonomy Act") and other provisions of the Local Education Autonomy Act and the Public Official Election Act related to this case shall be as specified in attached Table 1.

The phrase “party member’s career” prohibiting indication in the context of a language refers to the career of working as a party member of a specific political party, and thus, the said provision does not purport to restrict the recommendation of a party member’s experience of proportional representation.

③ In accordance with the Local Education Autonomy Act and the Public Official Election Act, the Defendant, including the name of political party to which he belongs, disclosed the career of registering as a candidate for the 19th National Assembly member as a candidate for the 19th National Assembly member through the competent election commission. Therefore, indicating the recommended political party along

④ On February 13, 2017, more than one year prior to the instant party member’s career indication, the former D Political Party changed the name of the political party to Qua political party. A newly established political party around April 2018, on which the career of the instant party member was indicated.