The judgment below

The guilty portion shall be reversed.

Of the facts charged in the instant case, as of March 12, 2016 and March 26, 2016, respectively.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (as to the conviction part of the lower judgment), Defendant’s act does not constitute an “election campaign” restricted under the Public Official Election Act, because the Defendant’s act constitutes an election campaign, even if the Defendant’s act constitutes an election campaign, and is thus dismissed as an “act which does not contravene social rules” under Article 20 of the Criminal Act. Nevertheless, the lower court determined that the Defendant’s act constitutes an election campaign by misunderstanding of facts or misapprehending legal principles, and does not constitute an unlawful sentencing, as well as the illegality of the Defendant’s act is unreasonable. The lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion that the Defendant’s act does not constitute an election campaign, but does not constitute an election campaign.

B. Prosecutor 1) misunderstanding of legal principles (as to the portion of acquittal in the judgment of the lower court, J completed the formation of the preparatory committee for the formation of a new political party on February 27, 2016 and formed the E-political party on or before February 27, 2016. The act of the Defendant sharing a notice expressing support to the preparatory committee for the formation of a new political party on February 15, 2016 to Pins North Korea constitutes an election campaign under the Public Official Election Act.

In addition, since December 15, 2015, the registration of preliminary candidates for the election of National Assembly members began, and from that time, preliminary candidates could conduct an election campaign on a limited basis, it is reasonable to view that the expression of support to a specific political party or preparatory committee for the formation of a new political party is an election campaign after that time.

Nevertheless, the lower court erred by misapprehending the relevant legal doctrine.