All appeals by the Defendants are dismissed.

1. In light of the following: (a) the other party who sent the text message by Defendant A is an executive officer of the E High School and L Eup Eup’s civil society; (b) the transmission of Defendant A’s text message was limited to twice; and (c) both Defendants did not have the same criminal record and live in good faith for the community; and (d) the lower court’s sentence against the Defendants (Defendant A’s imprisonment, 6 months of suspended execution, 1 year of suspended execution, and 3 million won of fine) is too unreasonable.

2. On April 8, 2016 and April 12, 2016, the day immediately before the election day of the National Assembly member, the Defendants sent 11,611 text messages to the Defendants and candidates who appeal to support a specific candidate who is a high school, and Defendant A sent 23 text messages on 29,283 occasions from March 30, 2016 to April 12, 2016.

In light of the fact that the transmission of such text messages was made by the day immediately before the election day of the National Assembly member, the number of text messages transmissions reaches a number of cases, and the methods and contents of the instant election crimes, etc., the Defendants’ instant crime is likely to seriously undermine the fairness and transparency of the election by affecting the decision-making or judgment of the voters, and the nature of the crime is not easy.

In addition, considering the specific details and background of the instant case, the Defendants’ age, sexual conduct, environment, and means and consequence of the commission of the crime, etc., and all of the sentencing conditions indicated in the previous theories, the lower court’s punishment against the Defendants is too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.