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The judgment of the court below is reversed.
As to the violation of the Public Official Election Act, each of the defendants' decisions shall be subject to a fine of KRW 1,500,000.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Part of each violation of the Public Official Election Act (i.e., mistake of facts and misunderstanding of legal principles) each (i) the restriction or interpretation of the prohibition provisions on election campaign by public officials under Article 60(1)4 of the Public Official Election Act should be interpreted to be limited to cases where public officials use their status. The Defendant does not include any comments on this part of the facts charged under such recognition
The Defendant posted a notice on May 11, 2014 on the Defendant’s Pest Account on May 11, 2014 (hereinafter “instant notice”) was merely criticized the Defendant for the absence of presidential communication with H and G, and the Defendant did not elect the nationwide E-election market for the National E-election (hereinafter “National E-election market”) on June 4, 2014, where “H had written a letter at least one change to G.” However, for example, G is a one-time answer. However, G is a new wall at latest and late night or late.” (hereinafter “instant notice 1”), and (i) it was merely a criticism of the Defendant’s absence of presidential communication since the sinking of the Sewol ferry (hereinafter “Sho case”).
② Furthermore, the Defendant merely posted the above notice at a interest and on a short basis, and thus, it does not constitute an active and planned act, but merely an exchange of information and opinions on a level of private dialogue, and thus constitutes a simple statement of opinion and expression of intent on election, which does not constitute an election campaign under Article 58(1)1 of the Public Official Election Act.
Article 13(1) of the former Act provides that the Defendant shall be punished by imprisonment with labor or imprisonment with labor or imprisonment with labor or imprisonment with labor or imprisonment with labor or imprisonment with labor or imprisonment with labor or imprisonment with labor or imprisonment with labor or labor.