All appeals by the Defendants are dismissed.

1. Grounds for appeal (defendants)

A. Legal doctrine misunderstanding C Party (former D Party) recommended the Defendants to “no political party support” and to make a false response to many election district residents as stated in the facts charged in the instant public opinion poll (hereinafter “instant public opinion poll”) at the level of suitability for active National Assembly members, which was conducted in front of the election of 21 National Assembly members of the Republic of Korea.

Even if the Defendants’ act does not violate the Public Official Election Act for the following reasons.

On the contrary, the lower court determined that the Defendants’ actions violate the Public Official Election Act, thereby misunderstanding the meaning and scope of the public opinion poll prescribed in the Public Official Election Act.

1) The instant public opinion poll merely constitutes a prior procedure to examine and confirm whether it is reasonable to exclude light lines from active duty service members prior to a police line, and does not constitute a public opinion poll as stipulated in Article 108(11)1 of the Public Official Election Act, since it does not constitute a procedure to examine and confirm whether it is reasonable to exclude light lines from active duty service.

2) Whether there was “a political party supporting the Defendants recommended many voters to answer specific answers in the instant public opinion poll is not included in the scope of “a gender, age, etc.” as provided by Article 108(11)1 of the Public Official Election Act, which is subject to false answers.

B. The lower court’s sentence against the illegal Defendants (Defendant A’s fine of KRW 1 million, Defendant B’s fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine provides that Article 108(11)1 of the Act on the Election of Public Officials (hereinafter “the instant prohibition provision”) of the content of the relevant provision shall not direct, induce, or induce a large number of electorates to respond falsely to their gender, age, etc. in order to have an impact on the result of the public opinion poll for the intra-party competition pursuant to Article 57-2(1). Article 256(1)5 of the Public Official Election Act is prohibited.