The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (definite and misunderstanding of legal principles) states that the printed matters attached by the defendant to C at the entrance, etc. of the apartment shopping mall (hereinafter referred to as “the printed matters in this case”) are specified and that B shall not be elected as C at the time of the 7th election, along with the name of B at the present time, E person’s identity and photograph attached to B at the time, and the printed matters are clearly revealed that B shall not be elected as the City Council member. The printed matters are produced similar to the election campaign bulletin or campaign posters and were attached to C apartment building, which is the district of B. The act of attaching the printed matters in this case, which is an active and planned act that can be objectively recognized by the intention of promoting B’s abortion against C, and that the act of attaching the printed matters in this case constitutes “the act of attaching B at the time of the 7th election of the Si Council member at the time of the 7th election of the defendant, which is highly likely for C to be elected as the City Council member at the time of the national level.”

Nevertheless, the court below held that the defendant's act of attaching printed materials of this case does not constitute an advance election campaign, and there is an error of mistake or misapprehension of legal principles.

Judgment

The summary of the facts charged as C is that a person who intends to become a candidate for the national dong local election on June 13, 2018, which was implemented on June 13, 2018 as a Si Council member, and the defendant has no way to see B and B.

Except as otherwise provided for in the Public Official Election Act, any person shall make public relations facilities and tools, various printed materials, broadcasting, newspapers, news communications, magazines, election campaign organizations or private organizations prior to the election period.