공공단체등위탁선거에관한법률위반
The prosecutor's appeal is dismissed.
1. In the appellate court’s ex officio judgment, the court below stated the facts charged in relation to the issuing of the name of the defendant to the elector in the appellate court and filed an application for amendment to the bill of amendment with the purport that “Article 66 subparag. 1 and Article 30 of the Commissioned Election Act (hereinafter “Entrusted Election Act”) is changed to “Article 66 subparag. 7 and Article 30 of the Commissioned Election Act” (the prosecutor stated the grounds for appeal to change the applicable provisions). Since this court’s appeal was changed to the subject of the judgment by permitting it, the judgment of the court below was no longer maintained.
However, the prosecutor's assertion of misunderstanding the facts or misunderstanding the legal principles is still subject to deliberation.
2. According to the purport of the Act on the Commissioning Election of Party Members related to the changed applicable statutory provisions and the systematic interpretation of each provision, the Defendant does not constitute a candidate or a candidate subject to punishment under Article 66 subparag. 7 of the Act on Commissioning Election, and thus, the Defendant’s name alone, like the facts charged, does not constitute a crime.
Therefore, the judgment of the court below that found the defendant not guilty on this part of the facts charged is just, and even when examining the amended applicable provisions in the trial, there is an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.
Therefore, the prosecutor's assertion is without merit since it still maintains innocence as the judgment of the court below.
A. Article 30 of the Trust Election Act provides for the method of election campaign using name cards, and the above provision provides for "candidate" as its subject.
B. The former part of Article 66 Subparag. 1 of the Entrustment Election Act, along with Article 24, prohibits a person who is not a candidate from entirely conducting an election campaign, and punishing a person who is not a candidate for an election campaign. Meanwhile, the latter part of Article 66 Subparag. 1 through the latter part of Article 66.