The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) refers to an election campaign for which the Defendant refers to an election campaign for the purpose of promoting the defeat of the F candidate, taking into account the following: (a) the Defendant’s demonstration after one person and the media interview referred to F candidates to a punishment for the abortion campaign; (b) the E-organization to which the Defendant belongs is punished by the Internet homepage; and (c) the F is a nation-wide well-known political person; and (d) the reporting of the abortion campaign on the media, thereby affecting the election campaign.

B. “Advertisements posted” under Article 90(1)1 of the Public Official Election Act refers to the act of displaying advertisements to many people, and the act of simply displaying advertisements without fixing them to a specific place, as in the instant facts charged, constitutes “publication of advertisements”.

Nevertheless, the defendant's act does not constitute an act of posting advertisements as "any simple dissenting opinion and expression of opinion on the recommendation of the candidate of a political party".

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

2. Determination

A. The summary of the facts charged in this case was that the chairperson of the youth organization “E” was the chairman of the youth organization “E” and F was planned to leave the election district as a candidate for H party in the election of the 20th National Assembly members in April 13, 2016, as the 19th National Assembly members.

The defendant argued that F was involved in F's employment visa of I.

Except as prescribed by the Public Official Election Act, no one shall conduct an election campaign by means of propaganda facilities, tools, assemblies, etc. prior to the election campaign period, and no one shall install, display, post or distribute placards, advertisements, or advertising facilities in order to influence the election from 180 days before the election day to the election day.

The Defendant is Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, around 12:00.