The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. misunderstanding of facts or misapprehension of legal principles, the Defendant, while editing the contents of the interview articles against candidates for the National Assembly members, posted a photograph for advertisement on the ground and did not know that such act was in violation of the Public Official Election Act.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal in this part, and the lower court, comprehensively taking account of the following circumstances, advertised the Defendant through the media, such as newspapers, in a manner that is not prescribed in the Public Official Election Act for election campaign during the election period, and the intent of violating the Public Official Election Act may also be recognized.

The decision was determined.

① The Defendant entered into an advertising contract with G and I as a candidate for a National Assembly member with the advertising cost of KRW 50,000,000 among the candidates for a National Assembly member, and the Defendant’s photographs inserted in the margin on the ground of the interview articles of the candidates are the same as the design for a double-use advertisement delivered by the candidates on their side after concluding the above advertising contract.

(2) A candidate’s appearance was found on the ground of an interview article.

Even if the size of the candidate's photograph is adjusted on the same ground or the insertion of public-interest photographs can be filled in in a white paper through a sufficiently different editing.

③ Advertisement prohibited by the Public Official Election Act does not require that the number of consideration should be set up. As such, the circumstance that the Defendant did not receive any particular consideration, or that L’s double advertising, other than G, I, was not placed on the ground, does not interfere with the Defendant’s conviction.

(4) A political party or a party in order to recognize an intentional act, which is a subjective constituent element in a violation of the Public Official Election Act.