All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor (not guilty portion: misunderstanding of facts and misunderstanding of legal principles) pronounced not guilty on the part of the facts charged against the defendant (the violation of each public official election law listed in No. 1 through No. 3 of the list of crimes attached to the original judgment). However, the court below erred by misapprehending the legal principles on reasonable grounds to believe that the facts published in the crime of mistake of facts and publication of false facts under the Public Official Election Act are true and thereby adversely affecting

B. (1) Of the facts charged in the instant case, the part found guilty by the lower court among the facts charged of mistake of facts and misapprehension of legal principles is merely an expression of the Defendant’s own appraisal, opinion or opinion

(no constituent requirement exists). Even if a statement of family fact constitutes a statement of family fact, the Defendant did not have been able to believe such fact as true and there was no negligence to believe it.

(2) The defendant was not elected or elected. Furthermore, the defendant did not have an intention to prevent him from being elected or elected.

(Non-Subjective constituent elements are lacking). Since the Defendant written comments on the basis of the contents reported to the media, there was no awareness of illegality of defamation, there was a justifiable reason.

(No awareness of illegality exists). According to the theory of public figures, this article is an act within the limit of freedom of expression and constitutes a ground for exclusion of illegality.

(Public property theory) The sentence of the court below on the grounds of unreasonable sentencing (the fine of KRW 3,00,00) is too unreasonable.

2. Determination

A. (i) The summary of the facts charged in the charge of the prosecutor’s appeal is a company member who works in the name of “C” on the Internet portal site following the Internet portal site (Daum) bulletin board.

Any person shall make a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or by any other means, with the intention of prohibiting an election.