The guilty part shall be reversed.

The sentence of sentence against the defendant shall be suspended.

The judgment below

. Innocence.

A. Defendant 1) The crime of violation of the Public Official Election Act due to publicity of the achievements of those who want to be a candidate and the crime of violation of the Public Official Election Act due to advance election campaign is in accord with the law that only one of the crimes can be established. However, the lower court determined that the two crimes are crimes as ordinary concurrent crimes. In so determining, the lower court erred by misapprehending the legal doctrine on the number of crimes.

(2) As a matter of principle, Article 59 of the Public Official Election Act and Article 254(2) of the Public Official Election Act, which punishs persons who violated the above provision, violate the Constitution since they infringed on the freedom of election campaigns in violation of the excessive prohibition principle, the lower court convicted the Defendants of this part of the facts constituting an offense by applying Article 254(2) of

(3) The Defendant received the beginning of the instant group, which is a private meal group of the military citizens, and explained the status of the military affairs of the C group as the head of the Gun within the scope of legitimate political activities that may be held courtesy, and explained the policies already announced by C group and policies already completed, etc. The Defendant did not lead the instant group, and did not publish a new pledge or appeal for support for the purpose of election.

Therefore, the defendant's act does not constitute an election campaign, and the defendant did not have an intention to carry out an election campaign prior to the election campaign period.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, and erred by misapprehending the legal doctrine on election campaign.

B) The part of the crime of violation of the Public Official Election Act due to publicity of the achievements of those who want to be candidates (the crime of violation of the Public Official Election Act due to publicity of the achievements of those who want to be candidates and the crime of violation of the Public Official Election Act due to advance election campaigns are one of the