The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was the sole election management member of the instant apartment.

Therefore, the defendant's act was a legitimate act under the related laws and the management rules of the apartment of this case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine’s assertion 1) According to the evidence duly adopted and examined by the lower court, the following facts are acknowledged. ① The management rules of the instant apartment (hereinafter “management rules”) are as follows.

According to Article 30(2) of the Election Commission Act, an election commission is comprised of not less than five but not more than nine members including a chairperson (Article 30(2)); a member of the election commission is commissioned by the chairperson of the election commission (where the chairperson is unable to commission), after the head of the management office publicly announces the appointment of the chairperson (Article 31); a member of the election commission is dismissed with the consent of a majority of members of the election commission following the procedures for vindication; a member of the election management commission is absent at least three times without any special reason; a person who interferes with election management affairs by illegal, illegal investment, ballot counting, business neglect; a person who receives money or entertainment in relation to election affairs; a person who violates the Election Management Regulations (Article 32(4)). Meanwhile, the election commission determines with the consent of a majority of members of the election commission (Article 30(3)); a representative of the apartment building of each Dong; and a person who requests the appointment of more than 10 percent of the tenant of the relevant constituency; and a written consent to the election commission.