1. The prosecutor prosecuted the violation of the method of the intra-party competition campaign, providing a prior election campaign, giving a benefit related to the election, receiving money and valuables, and claiming support through telephone.

The first instance court found Defendant A and B not guilty of all the remainder of the facts charged except that Defendant A and B’s act was related to “in-house competition” rather than “election campaign” under the Public Official Election Act.

At the lower court, the prosecutor, while maintaining the premise of “election campaign” as the primary charge, applied for amendments to a bill of indictment added to the part which violated the method of the intra-party competition campaign or purchased in relation to the intra-party competition, and the lower court granted permission.

The lower court found the Defendant not guilty of the primary facts charged premised on “election campaign” and found the Defendant guilty of the ancillary facts charged premised on “in-house competition” and of violating the method of the intra-party competition from the first instance trial to the first instance trial.

2. As to the prosecutor's grounds for appeal

A. Article 58(1) of the Election of Public Officials Act provides that "election campaign" shall be made or prohibited (Article 58(1)); Article 2 of the Election of Public Officials Act shall apply to the election of the President, National Assembly members, local council members, and the head of local government (hereinafter "election for public office"); and Article 2 of the Election of Public Officials Act separately provides that "election campaign" means an act for election or defeat in an election in an election for public office; and "election campaign" means an act for election or defeat in an election of a political party to elect a candidate recommended to run in an election for public office; and an act for election or defeat in an election in an election for public office does not constitute "election campaign"; Provided, That an act for election or defeat in an election of a political party to elect a candidate recommended to run in an election for public office is an act for election or defeat in an election for public office.