The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

The sentence against B shall be seven million won.

1. Summary of grounds for appeal;

A. In full view of the misunderstanding of facts against Defendant B’s duties, the title and content of the published article, M and N’s cooperation remittance offices, and the size and composition of the article, etc., it is clear that Defendant B received compensation with the knowledge that it is an election-related article. Nevertheless, the judgment of the court below acquitted Defendant B on the receipt of money and valuables from Defendant B in connection with the report on the election from M and N (or violation of the rules of evidence). The judgment of the court below that acquitted the Defendants on the grounds of erroneous determination of facts (or violation of the rules of evidence) was erroneous. 2) The judgment of the court below on the unfair sentencing against the Defendants against Defendant A, 8 months of imprisonment, 1 year of suspended sentence, 4 million won of a fine for Defendant B, 3 million won of a fine for Defendant C, 2 million won of a fine for Defendant E, 1.5 million won of a fine for Defendant E, and 2.5 million won of a fine for Defendant F.

The sentencing of the court below is unfair because it is too unfortunate.

B. Defendant A1’s misapprehension of legal principles or mistake of facts is established when an election campaign is conducted for the electorates in a specific local constituency prior to the election campaign period. The constituency for the 20th National Assembly election was demarcated on February 28, 2016, and Defendant A voluntarily resigned from the preliminary candidate before its definition. Therefore, Defendant A’s act of keeping or distributing newspapers and magazines from June 2015 to January 2016 does not constitute an advance election campaign. Nevertheless, the lower court’s judgment that deemed Defendant A’s act of keeping and distributing newspapers and magazines for the said period as an advance election campaign is erroneous or misunderstanding of legal principles.

C. The lower court’s sentencing is too unreasonable.

2. Determination

A. One advance election campaign against Defendant A’s misapprehension of the legal principles or assertion of mistake of facts means a specific candidate prior to the election campaign period for a specific election.