The judgment of the court below is reversed.

Defendant

A A Fines of 1,00,000 won, Defendant B, C, D, and E shall be punished by a fine of 50,000 won, respectively.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles is merely distributing the instant printed matter to the union members as part of the trade union organization movement, and there was no purpose “to affect the election”.

In addition, the purpose of this case is to make an objection and embling the central cooperative's internal policy on the part of the execution thereof is to distribute printed materials, so long as it is difficult to see the above printed materials as illegal means under the Public Official Election Act, the Defendants did not have intention to violate the Public Official Election Act, and the Defendants did not attract them.

Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. Each sentence of the lower court against the Defendants (Defendant A: fine of 2 million won, Defendant B, C, D, and E: each fine of 700,000 won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misunderstanding of legal principles, the lower court determined that, in full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendants had been fully aware that the instant printed matter was related to the election, including N and L, by reporting the printed matter before distributing the instant printed matter, and by discussing the content and purpose of distribution, etc., and thus, the Defendants could be aware of the intent to distribute the instant printed matter by unlawful method.

(1) The Defendants are members of the H party while the former Labor Relations Commission Chairperson (Seoul Branch Chairperson) is the members of the H party.

(2) On June 1, 2014, Defendant A, D, and E collected the instant printed materials from an indoor packing machine located near the Seo-gu Seoul, Seo-gu, and intended to report the instant printed materials produced by Defendant A and distribute the instant printed materials.

(3) Defendant C is entitled to the foregoing paragraph (2).