All of the appeals by prosecutors are dismissed.

1. The summary of the grounds of appeal in this case’s opinion poll inserted the phrase “the content of the instant opinion poll was without fault,” and the phrase “M candidate was inserted in the front of the affiliation of the M candidate,” thereby emphasizing the career of M candidate that “the M candidate was determined as a candidate for the right of preference.” However, Q, who is the counterpart candidate, did not mention any career other than the political party to which he belongs.

As such, the contents of the instant public opinion poll may cause positive images by promoting M candidates’ simplification experience in favor of M candidates for the purpose of election campaign. Thus, in light of the purpose, timing, circumstances, size, and the form and contents of the instant public opinion poll, etc., the Defendants were asked by using words that are biased to M candidates in conducting the instant public opinion poll. In light of the purpose, timing, details, size, and the form and contents of the instant public opinion poll, the lower court found the Defendants to have the intent to raise the public opinion poll of M candidates and to attract support by emphasizing the generalization experience of M candidates, but the lower court did not err by misapprehending the legal doctrine on methods of public opinion poll and election campaign, thereby acquitted each of the Defendants.

2. The summary of the facts charged in the instant case is a person running a public opinion poll company called "K" in the Daegu-dong-guJ, and Defendant B is the head of the public opinion poll office of M who released him as a candidate for his election, which was implemented on June 4, 2014.

No one shall, when conducting a public opinion poll on an election, ask questions to a specific political party or candidate using words or sentences to make them biased, and conduct an election campaign using letters, telegrams, facsimile and other means of telecommunication to the elector in a way that is not prescribed in the Public Official Election Act during the election period.

Nevertheless, it is not possible.