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.

Summary of Grounds for Appeal

Article 85 (1) of the Public Official Election Act applied by the court below is unconstitutional.

The defendant's act of misunderstanding facts does not constitute "act affecting the election" under Article 85 (1) of the Public Official Election Act.

The sentence of the lower court on unreasonable sentencing (fine 5 million won) is too unreasonable.

An ex officio determination prosecutor changed the original facts charged to the purport that “the defendant has participated in the planning of election campaign by taking advantage of his status as a public official,” and applied for permission to change the applicable provisions of the Act to Article 255(1)10 and Article 86(1)2 of the Public Official Election Act, and the court permitted this and changed the subject of the judgment. Thus, the judgment of the court below is no longer maintained.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining each of the grounds for appeal by the defendant, on the ground that the above grounds for reversal ex officio are established, and the judgment below is again ruled as follows.

Punishment of the crime

Attached Form

As stated in the revised facts charged, the same shall apply.

Summary of Evidence

The summary of the evidence recognized by this court is the same as that stated in the corresponding column of the judgment of the court below, and this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 255 (1) 10 and Article 86 (1) 2 of the Public Official Election Act and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act for the inducement of a workhouse and a summary of the Defendant’s assertion on the assertion and determination thereof are not directly or indirectly involved in the establishment of a plan for the distribution of news report data, which is an election campaign by a candidate, so the Defendant cannot be deemed to have participated in the planning of an election campaign.

Judgment

The "act of participating in the planning of an election campaign" in the relevant legal principles shall be elected or shall not be elected.